Thaxter v. Inglis

Citations

• 121 Cal. 593
• 54 P. 86
• 1898 Cal. LEXIS 959

Syllabus

<p>Bound aby—Agreement upon Lines—Uncebtainty.—Uncertainty as to the location of a common boundary between adjoining owners is a sufficient foundation for their agreement upon certain lines as and for such boundary.</p> <p>Id.—Dispute— Immatebial Finding,—In an action concerning the boundary of adjoining tracts, where the court found that the owners thereof agreed upon certain lines in order to determine a dispute and uncertainty between them, and that they and their successors thereafter claimed and occupied their respective tracts up to such lines for nearly fifteen years, the finding as to the_ uncertainty is sufficient to sustain a judgment establishing the lines agreed upon, and it is immaterial that the finding as to the dispute is unsustained by the evidence.</p> <p>Id.—Evidence—Declarations of Owner.—Declarations of an owner of one of the adjoining tracts under whom the plaintiff claimed, to the effect that the agreed location of the boundary was provisional and subject to future correction, not made in the presence of the defendants, or of their predecessors in title, and not being against interest, are inadmissible for the plaintiff.</p>