Clark v. Burt
Clark v. Burt
Opinion of the Court
We have no doubt, that on a question of the precise location of a boundary line between two adjacent owners, the legal rights of the parties may be fixed by an award of arbitrators, mutually agreed upon, to ascertain and fix the true boundary. The difficulty, in the present case, is of a different nature; and the available ground, for denying any effect to this award, is its own uncertainty as to the line, declared by the arbitrators to be the true boundary line, as
It is also quite clear, that a boundary to this effect, " thence bounded by land of A. B.,” is a boundary by a monument, or what is equivalent, and controls the course of the line. The case of Allen v. Kingsbury, 16 Pick. 235, only decides, that where a boundary line is given in a deed to be run from one given monument to another, it must be deemed to be a straight line, unless a different one is described in the deed. It is true, that in the ease cited, the description was, “ by the line of the heirs of A. B.,” but it is quite apparent, that in fact, in that case, there was no such existing line as that stated in the deed. It was only an imaginary line, passing over the land of the heirs of A. B.; and of course could not be adopted as a controlling boundary, or justify a departure from a straight line between the two points given.
The oral declaration of the chairman of the arbitrators, that the line was to be a straight line, was inadmissible to control the written award. Withington v. Warren, 10 Met. 431.
It was not competent to give in evidence the declarations of the plaintiff, made subsequent to the publishing of
Exceptions overruled.
Reference
- Full Case Name
- Peter Clark v. Benjamin Burt
- Status
- Published