Darby v. Robbins

I cannot agree with the majority's handling of the issue in this case concerning "the fence line v. a quarter section line— the adverse possessor v. the Record title holder." The parties in this case are coterminous landowners. This case involves the erection of a fence on a line different from the section line. The variance, however, between this "fence" case and other "fence" cases is that this fence was not erected by the claimant but by defendant's predecessors and that both parties put the disputed section "to such use or exercise[d] such dominion over it as in its present state it is…