Bollinger v. Henry

STOCKARD, Commissioner.

Defendant has appealed from the judgment of the trial court in plaintiffs’ suit to quiet title and for an injunction to prohibit defendant from taking water from a millrace. The issues on this appeal include the correctness of the determination of title to real estate. Therefore, this court has appellate jurisdiction.

On September 2, 1936, E. S. Bollinger and his wife purchased from J. B. Dolle and others 2.40 acres of land on which was located a mill. At the same time and by the same deed they also purchased an irregular strip of land, described by metes and bounds,…