Emmil v. Smith

Plaintiff brought this action to establish the boundary line between the east half and the west half of section 21, township 146, range 94, and to enjoin the defendants from entering upon and occupying a triangular tract of land lying east of the line plaintiff is seeking to establish.

Plaintiff owns the east half of section 21, township 146, range 94. The defendant Smith owns the west half thereof. The defendant Ehlis is Smith’s tenant, and, as such, is in possession of the west half. This controversy is as to where the government survey monument marking the division on the south line of…