Spring v. Hewston

Citations

• 52 Cal. 442

Syllabus

<p>Bototoary Lire.—If the initial point of a boundary is the mouth of a creek, and it is described in a conveyance as “thence ascending the creek,” and several courses and distances are given up the creek, and these courses and distances do not follow, but often diverge from the creek, the true boundary is the creek.</p> <p>Estopped by Survey or Bourdary Lire. — Adjoining land proprietors are not estopped by a survey made by them of a disputed boundary line, if the survey is made to ascertain where the true line is as fixed by a conveyance, and the surveyor is not an arbiter to establish a line.</p> <p>Idem.—A survey for the purpose of establishing a boundary line, made between a sole owner of the land on one side, and one of several owners of the land on the other side, does not estop the owners who did not join in it.</p>