Legal Opinion

Cooper v. Vierra

California Supreme Court

Decided July 15, 1881No. 6,949PublishedCited by 8 opinions

Appeal from a judgment for the defendant and an order denying a motion for a new trial in the Superior Court of Monterey County. Alexander, J. Ejectment. A petition for hearing in bank was filed in this case after judgment and denied.

1Opinion of the Court

McKee, J.:

From the year 1854, until the year 1862, the plaintiff and one Prewitt, the grantor of the defendant, were owners and occupants of adjoining lands separated by a division fence. Some dissatisfaction existing, because it was believed that the fence did not conform to the true division line, the parties, in the spring of 1862, by mutual consent, had the fence removed, and reconstructed it upon a line which they agreed upon as the true and correct boundary line of their respective tracts of land; and thereafter either recognized the other as the owner of the land, and used and occupied…

2Cases cited2 opinions

  1. Sneed v. OsbornCalifornia Supreme Court · 1864
  2. Steffenbiel v. GiffordSupreme Court of Iowa · 1867

3Cited by8 opinions

  1. Price v. De ReyesCalifornia Supreme Court · 1911
  2. Loustalot v. McKeelCalifornia Supreme Court · 1910
  3. White v. SpreckelsCalifornia Supreme Court · 1888
  4. Dierssen v. NelsonCalifornia Supreme Court · 1903
  5. Johnson v. BrownCalifornia Supreme Court · 1883

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