Byersdorfer v. Schultz
Byersdorfer v. Schultz
Opinion of the Court
Opinion by
The parties to this controversy owned adjoining tracts of land that were once embraced in the same tract and both trace the title back to the original vendor. The appellant obtained his title-in the year 1860 by bond and then took possession. The appellee obtained his title by bond in 1866. Appellant obtained his deed in 1862 and the appellee his deed in 1871. The appellant was in the possession of and claiming the few feet of ground in controversy when the appellee purchased. McClain owned both tracts when Jones obtained from him, by purchase, the tract the appellant
These witnesses stand uncontradicted, and from the testimony the verdict should have been but the one way, that is, for the appellant, first, because the fence was made the line, and last, the possession of the appellant since 1862, claiming it as the line, bars any right of entry on the part of the appellee even if his deed embraces it. That Freeman claimed to the extent of his boundary can not alter the result. Freeman recognized the fence' as the line and so did appellant, as'well as the parties who were in the possession before Freeman entered.
The judgment is reversed and cause remanded with directions to award a new trial and for proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.