Cunningham v. Ott

PHILLIPS, Chief Justice.

The land in controversy is a narrow strip of varying width along a meandering, wet-weather creek. As shown by the stipulation of the parties, the land lies between the center line of the creek and an old fence on appellants’ side of the creek. The parties also stipulated that the center line of the creek is the record boundary between their respective properties.

Suit was brought by appellees when appellants, who contend that they had the consent of the appellees, attempted to straighten the fence line as it was replaced. After removing brush and the old fence,…