Smith v. Robarts

Citations

• 2 Cal. Unrep. 604
• 9 P. 104
• 1885 Cal. LEXIS 861

Syllabus

<p>Boundaries—Possession Under Mistake as to Division Line.— Where coterminous proprietors are in possession of certain land under a mutual mistake as to the division line, such possession has no effect upon their legal rights, nor is it adverse or conclusive against the assertion of any existing rights based upon the true title.1</p> <p>Boundaries —Verbal Agreement Concerning. — Where coterminous proprietors enter into a verbal agreement to have the true division line surveyed, and to abide by the line so established, such agreement is binding, and is not within the statute of frauds.2</p>