Stalnaker v. Bair

The opinion of the court was delivered by

Johnston, C. J.:

In this action the court was asked to establish a certain boundary line between two quarter sections of land and to award damages for injury done to plaintiff’s property. From a ruling sustaining a demurrer to plaintiff’s evidence and rendering judgment in favor of the defendant, the plaintiff appeals.

*2It appears that a fence had been built at an early day between the two tracts by former owners, but it was not built on an established line and was not even upon a straight line. That fence had been destroyed and removed long before the…