Warren v. Collier

George Rose Smith, Justice.

In this boundary line case there is no contention by the plaintiffs Collier that they acquired title to the wooded strip in issue, totaling about an acre, either by adverse possession or by a boundary line agreement. The chancellor’s decision in favor of the Colliers was based upon his finding that a fence line had been acquiesced in for many years as the boundary. Whether that finding is contrary to the clear weight of the proof is the only question.

The mere existence of a fence between adjoining landowners is not in itself sufficient to establish a boundary by…