Frederick v. Brulard

The judgment of the court was pronounced by

Rost, J.

In 1806, while the tract of land owned by the plaintiff belonged to the widow Martinez, and the adjoining tract, now owned by the defendant, belonged to one Binaud, the surveyor, Barihélemy Bajón, made surveys of both and established the division line with the assent of the two proprietors. The marks referred to in those surveys, as showing the . position and course of that line, are not shown to exist at this day.

In 1811, Mrs. Martinez acquired Binaud’s tract of land, and sold it to Constant in 1830, according to Bajón's ■ survey. The…