Leighton v. Leighton

POMEROY, Justice.

This appeal results from a boundary dispute. What are the boundaries is not in issue. Where on the face of the earth the boundaries are located is the core of the dispute. Thus a question of fact is presented.

[Wjhat are the boundaries is a question of law, and where the boundaries are is a question of fact.” Rusha v. Little, Me., 309 A.2d 867, 869 (1973).

The contested issues between the parties were raised by a complaint seeking judgment for title in fee simple and possession of the demanded premises, and damages for rent and profits of the premises and waste.

Plaintiffs’…