Windsor v. Sarsfield

Citations

• 66 Wash. 576
• 119 P. 1112
• 1912 Wash. LEXIS 809

Syllabus

<p>Estoppel — Boundabies- — Acquiescence in Impbovements. The vendor is estopped to recover possession of land witbin an inclosure shown to the vendee as tbe boundary line, where no survey was made and no protest was made while the vendee went into possession, cultivated the land up to the line, and erected near the line on the land in dispute a dwelling costing $7,000.</p> <p>Estoppel — Evidence—Pbesumptions and Bubden oe Pbooe. The rule that evidence to sustain an estoppel to claim land must be clear and convincing does not apply where the conduct of the parties is not relied upon to overcome a writing, and the evidence on both sides is of the same kind.</p> <p>Boundabies — Establishment — Agbeed Location. Practical or agreed location of a boundary line results where a fence on the supposed boundary was pointed out to the vendee, who took possession and made valuable improvements close to the line without any protest upon the part of the vendor, and the same was acquiesced in for seventeen years.</p>