Kirkegaard

Plaintiff-respondent Dale D. Kirkegaard and his wife brought this action against defendant-appellant Richard G. McLain and his wife to quiet title to a pie-shaped piece of property along the boundary line between their properties. The parties own adjacent lots in a new subdivision near Fresno State College. The lots were marked by survey stakes, both front and rear, by the subdivider. Defendants’ corner lot was pie-shaped, or rhomboid in shape, since the streets do not intersect at right angles.

Plaintiff purchased a lot (number 177) and built a house on it in the spring of 1958. No house had been built on defendants’ lot (number 176) at that time. Later there was a house erected and the parties discussed the idea of building a fence on the line separating their lots. Defendant McLain initiated the discussion and it was agreed that they would both join in building a fence and share the costs. Lumber was ordered. Both plaintiffs and both defendants were present at a later conversation. Mr. Kirkegaard testified that Mr. McLain showed him a cord he had strung between the houses on what he thought was the boundary and asked if Kirkegaard agreed; that he (Kirkegaard) looked at it and…