Sheils v. Haley

Adverse Possession—Statute of Limitations—Practical Location— Boundary.—0. being the owner of a lot of land fronting on the north forty feet on a street and extending back one hundred and sixty feet to an alley, sold and conveyed—on September 22, 1874,-—the eastern fifteen feet of the same to the defendant, and on July 25,1876, sold the western twenty-five feet of the lot to the plaintiff. At the time of the first sale there were two houses on the lot—one on the western twenty-five feet and the other on the eastern fifteen feet; and there was a fence running between the two houses—from a point on the street three feet and two and one-half inches west of the true west line of the defendant to a point on the alley five inches west of that line. La an action to quiet title commenced July 27, 1881—in which this strip constituted the land in controversy—it appears that the fence remained and the parties by mu'tual mistake occupied according to it—until January, 1881,—but each paying taxes on his respective number of feet—when the mistake was discovered and plaintiff demanded possession. The Court found that the possession of the defendant was not adverse until January, 1881. Held: that the evidence does not show the contrary.