Trespass qu. el. The question was the locality of a boundary line on the west side of the plaintiff’s land, and the east side of the defendant’s. The plaintiff claimed the establishment of one line by agreement: a second he claimed to be the true line: a third was claimed by the defendant. The verdict was for the second. The plaintiff claimed under Rogers, who bought of Cross now deceased.
Good law ✅— No negative treatment on recordhow we know
Decided 1885-06-05
How this case has been cited
Cited by 11 later decisions — most recently January 1934
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
The evidence of Cross’s declarations showed his assent to the line he pointed out, and, with evidence of the assent of the owner on the other side, would tend to prove an agreed line which might be material, although it is neither of the lines claimed by these parties. It does not appear that the evidence was offered or used for the purpose of determining the true line as distinguished from an agreed one, or for any purpose for which it was not competent, or that it was material or prejudicial. The, use of the chalk in argument raises no question of law. The propriety of the objective illustration, and the justice of the defendant’s having an opportunity to reply if he was surprised (the plaintiff’s right of final reply being maintained), were questions of fact to be determined at the trial.
