179 Ind. 467 | Ind. | 1913
Appellant, by appropriate proceedings, procured the county surveyor to locate and establish by survey the boundary line between a tract of land owned by her and an adjoining tract owned by appellee. Appellee appealed from the survey to the circuit court where he filed a complaint on which issues were formed and, after a trial by jury, there was a finding against such survey and another line was found and adjudged to he the true boundary between the lands of the parties. These proceedings were all had under the statutory authority which is found in §§9512-9519 Burns 1908, §§5950-5955 R. S. 1881, Acts 1901 p. 160 inclusive.
This description did not definitely fix the east line of the five acre tract conveyed by this deed. It appears from the evidence that immediately after the conveyance Meinert and Opperman, the latter then being still the owner of the residue of the original tract which he purchased in 1855 and a part of which joined the east side of the five acre tract he had conveyed to the former, met and located the division
This evidence shows that the jury by its verdict substantially gave that exact justice which is the aim of the law.
Judgment affirmed.
Note.—Reported in 101 N. E. 721. See, also, under (1, 3) 2 Cyc. 1014; 3 Cyc. 388;. (2, 4) 5 Cyc. 950; (5) 5 Cyc. 940, 950; (6), 5 Cyc. 950, 967, (7) 5 Cyc. 936, 950. As to waiver by pleading over, see 13 Am. Dec. 547. As to estoppel by acquiescence in boundary agreements, see 22 Am. St. 35. For a discussion of a parol agreement establishing a boundary line as affected by the statute of frauds, see 8 Ann. Cas. 83; Ann. Cas. 1912 B 662.