York v. Hogg

Opinion op the Court by

Judge 0 ’Rear

Reversing.

This is au action of trespass, and to enjoin trespass. It was brought in equity under the latter feature of the case. The case turns on the true location of the dividing line between the lands of appellant and the boundary owned by appellee. Both claim under a common grantor, who conveyed the two parcels (formerly constituting one body of land) by two separate deeds executed on the same day. The grantor was conveying the entire boundary in *705severalty to two of Ms children, dividing the tract between them. The land lays on Otter Creek, a tributary…