Berghoefer v. Frazier

Citations

• 150 Ill. 577
• 37 N.E. 914

Syllabus

<p>1. Boundary line — ;fixed by parol agreement of the parties. A parol agreement as to a division line between two tracts of land, not followed by possession in accordance with such line, will not pass title, or authorize ejectment by one party against the other.</p> <p>2. It is well established that the owners of adjoining tracts of land may, by parol agreement, settle and establish, permanently, a boundary line between their lands, which, when followed by possession according to the line so agreed upon, is binding and conclusive between them and their grantees.</p> <p>3. In such case, the line is established, not by transfer of title of either to the other, as that can only be done by deed properly executed, but such settlement determines the location of the existing estate of each, and, when followed by possession and occupancy, binds them, not by way of passing title, but as determining the true location of the line between their lands.</p> <p>' 4. Same — established by agreement — estoppel to dispute. Where the ■owners of adjoining premises have agreed upon the line, or agreed upon a mode by which it shall be determined, and have accepted and acquiesced in it by the unequivocal act of taking possession according to the line, they and their grantees are estopped from afterwards disputing it.</p> <p>5. New trial — on the evidence. The finding of the facts by the court trying an action of ejectment without a jury, will not be disturbed, on appeal, unless clearly against the weight of the evidence.</p>