Harn v. Smith

COLLARD, Judge.

Appellant's first assignment of error is to the effect that the court erred in overruling plaintiff's exceptions to defendant’s trial amendment setting up an agreed boundary and division line by acquiescence and estoppel, because there was no consideration for such agreed boundary; that the divisional line being certain of ascertainment, there could be no dispute or doubt concerning it as to form the basis of an agreed boundary;and because acquiescence alone will not suffice to fix a conventional line for a true one if the true one can'be ascertained, and the amendment…