Leggett v. Ross

The opinion of the court was delivered by

Scott, J.

Plaintiffs brought this action alleging that they were the owners and entitled to the possession of a certain fractional piece of land described as lot 3, section 13, township 35 north, range 5 east, and al*42leged that possession thereof was wrongfully withheld from them by the defendants, who were the owners of an adjoining tract. The proof showed, however, that the controversy between said parties was really as to the location of the boundary line between them, and it also appeared that prior to the commencement of this action, the plaintiff,…