Brunswick v. Rundell

Plaintiff appeals from a judgment dismissing her action for ejectment and declaring that defendants had established a boundary by agreement. We reverse.

Plaintiff owns land lying north of defendants’ property. Where the properties adjoin, they are timber land. Plaintiffs predecessor in interest, Whipple, now deceased, was friendly with defendants. An old, straight fence once followed the boundary line between the two properties. In 1974, Michael Rundell and Whipple walked along the site of the old fence and agreed that Rundell should build a new fence with supplies furnished by Whipple.

The new…