Council v. Clark

( 'onley Byre, Justice.

This is a boundary line dispute. The record shows that appellants J. B. and Nina Council at one time owned the W% SW3,4, Sec. 21, T. 8 N., R. 27 W. On February 11, 1947, appellants sold to Millard Wright a portion of the land by the following description: “Part of the West Half of the Southwest Quarter of Section 21, Township 8 North, Range 27 West, lying South of Hurricane Creek and containing in all 40 acres, more or less.”

Within 10 to 60 days after the conveyance, a fence was constructed along the top of the south bank of Hurricane Creek. Mi’. Council testified that…