Smiley v. Jaggers

The parties to this appeal occupy here the same relative positions as in the trial court, and we shall continue to refer to them by their trial court designation.

The plaintiffs purchased from the defendants on March 1, 1948, an improved acreage east of Oklahoma City. The property was unplatted and is described in the deed of conveyance by metes and bounds. At the time of this transaction there was a fence near or adjacent to the described premises on the south. This fence had been in existence longer than one year prior to the purchase by plaintiffs, but for how much longer the evidence does…