Cosgrave

The plaintiffs sued to quiet their title to the southwest quarter of a section of land and to ascertain and adjudge the location of the eastern boundary line thereof. It is alleged that the plaintiffs and defendants together surveyed and laid out said boundary line; that the plaintiffs at large expense, and with the consent and acquiescence of the defendants, built a substantial fence on the line so fixed and that said line is the true boundary line of said land. The defendants answer, setting up title to the southeast quarter of said section and other lands in defendant Kate Donovan and denying the allegations of the complaint relative to the establishment of such boundary line. The court found for the defendants on the issue as to the boundary line and the plaintiffs appeal from the judgment.

It appears that there was a public road running east and west through the north half of the south half of the .section and crossing the common boundary line.

Plaintiffs endeavored to show that the boundary line was established by agreement between the predecessors in title of the plaintiffs and defendants.

[1] In the year 1880 Michael Cosgrave owned the southwest quarter of the section…