Cutler v. Callison

Citations

• 72 Ill. 113

Syllabus

<p>1. Bound art lines—may he settled hy parol agreement. Although the title to real estate can not be transferred by parol, yet it is well established that the owners of adjoining tracts of land may, by parol agreement, settle and permanently establish a boundary line between their lands, which, when followed by possession according to the line so agreed on, is binding and conclusive, not only upon them, but upon their grantees.</p> <p>2. Instructions—should not make improper intimations. Where the weight of the evidence in a case shows such a contract as is insisted upon by one of the parties, the court should not instruct the jury that any loose talk on the subject between the parties could have no bearing against the party asking the instruction, as to do so would be intimating to them that the evidence on the subject was mere loose talk.</p>