Dyer v. Scott

The opinion of the court was delivered by

Burch, J.:

The action in the district court was one to determine boundary, and for other relief.

Defendant, a recent purchaser of land, built a fence thirty-three feet over on what had been assumed to be his neighbor’s land. Plaintiff, who claimed benefit of the-same kind of conduct, exhibited with respect to defendant’s land, prayed for an injunction. Defendant countered with prayer to quiet title. The district court could satisfy neither of them, and both appeal.

The land lies in a bend of the Marais des Cygnes river, which the government survey treated…