Mills v. Lux
D. O. MILLS v. CHARLES LUX
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
We understand the original decree of partition to have established the partition line between the parties by calling *275for a fence, the location of which was also attempted to be described by courses and distances; and some portion of the fence having disappeared or been removed, the Court below heard testimony to ascertain its true location, and the evidence as to its location being conflicting in its character the determination of the matter of fact will not be disturbed on appeal.
In our opinion, in construing a decree of partition, no less than in a deed, courses and distances must yield to visible monuments.
Order affirmed.
Cited by
- Wheatley v. San Pedro, L.A. & Salt Lake R.R. L.A. No. 3299. · 1915-03-04
- Birk v. Hodgkins L.A. No. 2536. · 1911-03-18
- Central Irrigation District v. De Lappe No. 12984 · 1889-05-31