Sneed v. Osborn

Citations

• 25 Cal. 619
• 1864 Cal. LEXIS 78

Syllabus

<p>Boundary Lines of Land Sold.—If the description in a deed is uncertain, the grantor and grantee may agree upon and establish the boundary line between the land granted and the remaining lands of the grantor, and such agreement will be binding upon the parties; hut to be effectual, it must be done while the parties own the lands on both sides of the lines they thus locate.</p> <p>Division Lines between Adjoining Tracts of Land.—When the owners of adjoining lauds have acquiesced for a length of time, equal at least to the length of time prescribed by the Statute of Limitations to bar a right of entry in the location of a division line between their lands, although it may not be the true line according to the calls of their deeds, they are thereafter precluded from saying it is not the true line.</p> <p>Legal Title to Land.—A party holding land dependent on a division line established between contiguous owners by their acquiescence for the time prescribed by the Statute of Limitations as a bar to an action for the recovery of real property, holds it by a legal and not an equitable title.</p> <p>Objection to Evidence.—Where the objection made, to testimony is that it is incompetent and illegal, without a specification of the point of incompetency or illegality, it is the duty of the Court to overrule it if it is admissible for any purpose.</p> <p>Evidence to prove Boundary Lines.—-The declarations of the owner of a tract of land are not admissible in evidence for the purpose of proving its boundary lines, if made when he is not in possession.</p>