Hummel v. Young

I agree that this fence was not established by acquiescence as the boundary line because there is no evidence that the defendants or their predecessors acquiesced in it as such. Such acquiescence requires assent or consent by the owners of adjoining tracts of land that a known line which is clearly marked by a fence or other monuments is the boundary line between such adjoining tracts by silently treating it as such and failure to make any protest.1 It does not require an express agreement to that effect., Here, except for the last four or five years prior to the commencement of this action,…