Laughlin

The question here presented is over the title to a disputed strip of land lying between the holdings of plaintiffs and defendants. Plaintiffs asserted title by prescription and by agreement "settling a disputed boundary. The court’s findings were in favor of the plaintiffs upon both propositions, .against the answer and cross-complaint of defendants. Defendants appeal.

The following facts sufficiently present the controversy: In 1888 one Rogers was the owner of a tract of land containing, he thought, twenty-one acres (herein disregarding fractional acreage). It was known as lot 13 of the Lick tract. He caused a survey to be made, dividing this lot into a southerly ten acres and a northerly eleven acres. Surveyor’s stakes indicated the boundary line and Rogers planted a row of fig trees along this line. In 1889 one O' Dea became the purchaser of the southerly ten acres by a deed calling for the southerly ten acres of lot .13, “said ten acres to extend back making the easterly and westerly lines equal distances from the center of Franklin avenue, and making it a rectangular piece.” No controversy arises over the location of the center line of Franklin Avenue, nor. of the easterly…