Board of Trustees v. Miller

The defendants were given judgment quieting their title to 39.85 acres of land in Butte County and the plaintiff appeals.

The plaintiff holds the record title to the southeast quarter of section 23 and the defendants have the record title to 150 acres of land in the southwest quarter of section 24 in the same township including all of the west half thereof. The land in dispute is approximately the east half of the east half of said southeast quarter. The trial court found in favor of the defendants on the issues of adverse possession and agreed boundary. Since the defendants have paid taxes in accordance with their record title only, it is conceded that the finding in favor of adverse possession cannot stand unless that of an agreed boundary is upheld. The question, therefore, is whether there is evidence to support the finding that the predecessors in title of the parties established such boundary line by mutual agree ment. There is no direct evidence of such an agreement and the question must, therefore, be determined from the conduct of the respective owners of the lands, viewed in the light of the surrounding circumstances.

It appears that the plaintiff’s lands, as well as…