2 Cal. Unrep. 559
Decided November 20, 1885
California Supreme Court · decided 1885-11-20
Ejectment. Defendants set up an equitable title to lands on one side of a certain wire fence in accordance with an oral agreement establishing such fence as the division line between defendants’ and plaintiff’s land. On the trial the court refused to strike out the testimony of the witness Criss, who had been permitted to testify, against plaintiff’s objection, regarding the understanding in the community as to the division line.
Decided 1885-11-20
¶11. There is evidence to sustain the finding as to the agreement of the parties that the wire fence should be the division line. It was competent for the parties to make such an agreement.
¶22. It is not manifest that any injury occurred from the refusal to strike out the testimony of the witness Criss.
¶3We see no error in the transcript. Judgment and order affirmed.