Samples v. Kergan

Citations

• 109 Wash. 503
• 187 P. 383
• 1920 Wash. LEXIS 949

Syllabus

<p>Boundaries (13) — Establishment — Location of Lines — Evidence—Sufficiency. The reconstruction of a division line fence is sufficiently shown to have heen on the original boundary line, where the preponderance of the evidence was that both lines were four feet south of the north wall of a concrete basement of a house still in existence.</p> <p>Appeal (411)—Review—Force of Evidence—View of Premises. Undue weight to a view of the premises will not be found where the court was not unduly influenced, and the findings were supported by the preponderance of the evidence.</p> <p>Boundaries (18) — Establishment — Resurvey. Rem. Code, §§ 947-949, relating to the restoration of lost boundaries by a resurvey does not control actions, to quiet title rested upon adverse possession to a line fence the location of which was established by direct evidence.</p> <p>Same — E stablishment — Adjudication—Decree—Certainty. A judgment in an action between adjoining owners to establish the boundary line is sufficiently definite where the decree calls for an east and west line four feet north of the basement wall of defendant’s house, in view of the permanency of the monument referred to.</p>