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eBook details

• Title: Reel v. Walter
• Author : Supreme Court of Montana
• Release Date : January 24, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

QUIET TITLE ? BOUNDARIES ? EVIDENCE ? BURDEN OF PROOF. 1. Boundaries ? Evidence sufficient to show boundary claimed by plaintiff. In action to quiet title to land and establish boundary between parties adjoining quarter sections, evidence was sufficient to support trial courts finding that survey by licensed surveyor employed by plaintiff was properly made and lines properly located as claimed by plaintiffs. 2. Boundaries ? Failure of defendant to produce testimony as to boundary. Where defendant, who had a survey made, produced no testimony of his surveyor to dispute testimony of licensed surveyor employed by plaintiffs as to his survey and location of lines as claimed by plaintiffs, trial court was justified in finding such survey correct. 3. Boundaries ? Conformance to true lines. Owners of adjoining lands divided by a fence which they suppose to be on true line are not bound by supposed line, but must conform to true line when ascertained. 4. Boundaries ? Burden of proof. The burden of proof is on party attempting to show existence of agreement fixing location of boundary line between parties adjoining lands and their acceptance of and acquiescence in boundary so fixed. 5. Boundaries ? Defendant did not sustain burden. Evidence was insufficient to sustain burden on defendant to prove alleged agreement of parties or their predecessors in title, fixing long existing fence line as boundary line and their acceptance of and acquiescence in boundary so fixed.

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