Quinn v. Windmiller

Citations

• 67 Cal. 461
• 8 P. 14
• 1885 Cal. LEXIS 672

Syllabus

<p>Evidence—Knowledge of the Court—United States Survey—Area of Quarter Section. — The court will take judicial notice of the intended area of a quarter section under the system adopted by the United States for surveying and marking out its public lands; and whenever a claim is made that a quarter section contains a greater area, affirmative proof must be produced that the lines were so run upon the ground as to include such greater area.</p> <p>Boundaries—Division Fence—Prescription.—Where the owners of adjacent tracts of land, being ignorant of the exact position of the boundary line, erect a division fence under an agreement that when the true line is ascertained the fence shall be placed thereon, neither can, unless the line of the fence has been settled and agreed upon as the correct boundary line, acquire any title by prescription or estoppel to land of the other included in Ms tract by a mistake in the position of the division fence.</p>