Dame v. Fernald

In order for an instrument to operate as color of title it must purport to convey the property in dispute, either to the person claiming thereunder, or to one in privity with him. The parties entered into the agreement of 1904 for the purpose of establishing the bound between their adjoining tracts. By their agreement they each intended to confirm the other’s title up to the line agreed upon. The practical effect of this agreement was a purported conveyance, each to the other, so that, so far as the parties were concerned, each had title up to the line.

That the agreement was not executed with…