Hale v. Ball

Citations

• 70 Wash. 435
• 126 P. 942
• 1912 Wash. LEXIS 1067

Syllabus

<p>Boundaries — Location or Corner — Evidence—Sufficiency. The evidence sufficiently shows that a quarter corner was not located on a straight line between the section corners, where a witness testified that he found and identified the original stake out of a true line, which was corroborated by the fact that a line fence was constructed to it by defendant, and the inclosure was farmed for twelve years by others, without objection by defendant, or any effort on his part to correct the alleged mistake, although the land was being bought and sold.</p> <p>Boundaries — Lost Corners — Establishment. An obliterated comer must be restored at its original location if ascertained by competent evidence.</p> <p>Same — Right to Commission — Evidence or Location — Sufficiency. The court will not appoint a commission to establish a lost corner, under Rem. & Bal. Code, §§ 947-999, merely because the stake was obliterated; and where the comer was not lost or uncertain eighteen years before, at which time a fence was built to it, and nothing had since been done to question the location, the court cannot say that the corner is lost; since evidence of its location was not overcome by better evidence.</p>