Morris v. Vossler

GRIFFIN, J.

Action to quiet title and to determine boundary line between two parcels of land in Tulare County. Plaintiffs Mark Morris and his wife alleged that on February 21, 1947, they acquired property in the southwest quarter of the southeast quarter of section 22, township 21 South, Range 26 East, M.D.B.&M., by deed, which property is

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described by metes and bounds, and alleged that defendant Herman A. Vossler claimed some interest therein. Defendant alleged ownership of the southwest quarter of section 22, denied plaintiffs' ownership and, by way of cross-complaint to quiet his title, claimed interest in a strip of land about 26 feet wide lying between the two properties and containing about two acres. The boundaries of this strip are evidenced by an old fence, erected about 40 years ago on the easterly side of said strip, which runs in a northerly and southerly direction, and a survey line made by plaintiffs’ engineer, west of the fence line and running parallel with the fence across section 22.

The court found generally in favor of defendant and quieted his title to said strip of land upon the claimed theory that the true boundary between the southeast quarter and the southwest quarter of section 22 was in dispute and uncertain and that there was an agreement between the coterminous owners of said properties, predecessors in interest of both plaintiffs and defendant, establishing and locating the true boundary between said properties along the fence line as more fully set forth in the findings; that said fence was built prior to the year 1907; that defendant and his predecessors in interest farmed, occupied and improved the property up to the said fence line continuously since said date, and that the respective owners acquiesced in said line as being the true line for a period equal to the statute of limitations. It then found that for more than 50 years an irrigation ditch, running northerly and southerly west of and parallel to said fence in the disputed area, has been built and used to carry water for irrigation of the southwest quarter of said section. Judgment was entered accordingly.

On plaintiffs’ appeal, they contend that judgment should have been in their favor and that the findings and judgment in favor of defendant are not supported by the evidence for the claimed reasons that the record is silent as to any effort having been made to locate any of the corners of section 22 at the time the fence was built; as to any absence or destruction by the elements, or otherwise, of any of the corners of said section; as to any mistake in measurement, or that the land was measured, at or about the time the fence was built; as to any uncertainty in the location of the north and south quarter section line between the properties; as to the time when the purported agreement to establish the boundary was made, or deemed to have been made; as to who built the fence