Moyle v. Connolly
California Supreme Court Jul 1, 1875 No. No. 4554Published
Synopsis
Division Line between Adjoining Land-Ownebs.—If parties owning adjoining tracts of land agree that a fence shall be erected upon a certain line, and that the same shall be the dividing line between their respective tracts, and the agreement is executed, it establishes the partition line, and they are estopped from afterwards contesting it.
By the Court: We are of opinion that the written agreement made by [298]Wells and Connolly on the second day of April, 1863, established the line between the parties here.
Judgment and order denying a new trial reversed, and cause remanded for a new trial.
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