Wait v. Pearson

TATE, Judge.

This is an action in boundary. Plaintiffs appeal from judgment which fixed the eastern boundary of their land, not on the governmental quarter-section line per their record title, but as along an ancient fence about 200 feet west thereof (i. e., 200' within their land per record title).

The question herein is whether an ancient fence lying within land sold by a seller can constitute as against the immediate purchaser a visible boundary separating the contiguous estates created by the sale, when such fence fails to accord with the ideal boundary line of the tract the seller…