Charlton v. Graham
Charlton v. Graham
Opinion of the Court
The respondents, who were plaintiffs below, own a tract of orchard land containing approximately twenty acres, situated in Chelan county. The land is rectangular in shape, having a length double that of its width, the length extending east and west. The appellants own a ten-acre tract lying to the south of. the respondents’ tract and abutting onto the east half thereof. The respondents acquired their tract in 1904. At that time the land abutting upon the south for the length of the entire tract was in one ownership and was inclosed by a fence, the fence on the north of
The respondents do not seriously dispute that the line as run by the engineer marks the true dividing line between the lands if protracted from the monuments as they presently exist, but rest their case on the claim that the fence mentioned was erected as the dividing-line between the tracts, and that the line marked thereby has been recognized and acquiesced in as such dividing line for a period of time, longer than the period of the statute of limitations. It was to these questions that the evidence was directed. The theory of each side is supported by a number of witnesses who testified to their recollection of the location of- existing monuments. Their testimony is in conflict and cannot be
But the questions are wholly questions of fact, and it would serve no useful purpose to pursue the inquiry. We cannot conclude that the trial judge found against
Holcomb, C. J., Mount, Tolman, and Bridges, JJ., concur.
Reference
- Full Case Name
- H. R. Charlton v. Robert J. Graham
- Status
- Published
- Syllabus
- Boundabies (13)—Location of Lines—Evidence—Sufficiency. Defendants’ acquiescence in a boundary line along the line of an old fence a few feet from a correct survey, is sufficiently shown where it appears that such line corresponds in alignment with the boundary line between adjoining tracts; that a hedge planted by defendants to mark the boundary is in direct line therewith; that a cistern constructed on that tract by defendants would be on their neighbor’s land if their present claims are correct; that a barn erected by them stands flush with such line and is without openings on that side, though it appears to be an appropriate place for openings, and there was no offer to explain why there should be a jog in the general division line in the neighboring tracts.