Toler
Toler v. Smith
Opinion
lead Opinion
Andrews, J.
This appeal is from a judgment quieting title of defendants, involving the division line between lands of the parties.
1. The principal question argued in the briefs is whether the evidence given at the trial supports the findings and judgment. Plaintiff discusses at length the facts developed at the trial bearing upon the location of different fences and landmarks and the question of the true line between the lands of the parties and whether some different line than the original dividing line should be established, due to adverse possession. The transcript discloses that much evidence was introduced upon both sides upon all the bearings relating to the proper dividing line to be established and the holdings of land to be settled with reference thereto, and the ease comes undoubtedly within the often-repeated rule that there is substantial evidence supporting the finding of the trial court.
2. The other question adverted to very briefly in the briefs submitted is the legality of the certificate of title issued in proceedings instituted under the Land Title Act and the question as to whether the court had jurisdiction to make such certificate valid. The only evidence which…