Lane v. Walker

HENRIOD, Justice:

Appeal from a quiet title judgment establishing a boundary by acquiescence favorable to defendants. Affirmed.

This is an action to quiet title to an area described by metes and bounds and also by a fence or evidence of its existence uninterruptedly for upwards of 48 years, — a fact reasonably believable from facts in the record!

Plaintiffs urge that there is no evidence to indulge a fiction that there was a fence mutually “intended” to be a boundary. To' this we say that the test to establish the boundary by “acquiescence” necessarily need not be based on mutual “intent.”…