Smith v. Vogt

The facts in this case can be best understood by reference to the surveyor’s plat, Exhibit C, a.copy of which is reproduced herewith. The parties derived their title

from a common grantor, William Nielsen, who1 in turn derived his title from David Fuller and wife through mesne conveyances. In these deeds the property was described as the south one acre of the north eight acres of lot 9, in the northwest quarter of the southeast quarter of section 23-21-17. It was conceded upon the trial that the plaintiffs owned the west 210.66 feet of the south 111.5 feet of lot 8, formerly lot 9. It was also…