Humphrey
Humphrey v. Futter
Opinion
Opinion
Rickles, J.
This is an action and cross-action between adjoining landowners concerning their common boundary. Plaintiffs Glen M. Humphrey and Magdalena S. Humphrey sued to compel removal of allegedly encroaching structures. Defendants Russell T. Putter and Florence V. Putter cross-complained to quiet title to the disputed area. The pleadings also raised other disputes concerning easements and alleged illegal dumping but they are not issues on appeal. After trial to the court, decision and judgment were rendered quieting title to the disputed area in the Putters. The Humphreys have appealed.
Facts
The property in question is located northeast of Cherry Valley and at one time was part of the 400-acre Mile High Ranch owned by Daniel Mauerhan. About 300 acres of the ranch were sold to a man named Stewart. In July 1971 Mauerhan sold about six of the remaining acres, including the ranch house, to the Putters. The balance of the land, about 90 acres on which cherry orchards were located, was leased to the Putters with an option to purchase. Before the sale was completed, Mauerhan and Russell Putter walked the property and Mauerhan pointed out the four corners. Both Russell Putter and…