63 N.H. 265 | N.H. | 1884
It has long been settled in this state that an executed parol agreement between adjoining owners of land, establishing the dividing line between them, is conclusive against the parties and all persons claiming under them. Sawyer v. Fellows,
There is no ground for claiming that the facts as reported do not bring this case within the rule. On the contrary, it plainly appears that at the time the agreement in question was made and executed by the plaintiff's grantor and the defendant, all the elements existed which were necessary to enable them to establish the divisional line between their lands in the manner they did, and thus conclusively determine the limits of their respective ownerships. Whether the boundary as located by the agreement was, in point of fact, the true one, is entirely immaterial; and it is equally immaterial that the plaintiff did not have notice of the agreement at the time of his purchase in 1875. Even if he was entitled to notice, he is precluded from showing that his land *267 extends beyond the agreed boundary, for possession is evidence of title, and the visible occupation and cultivation of the land in controversy by the defendant was at least enough to put him upon inquiry, and especially in view of the indefinite and ambiguous terms of his conveyance.
Exceptions overruled.
CLARK, J., did not sit: the others concurred.