[Download] "Woodburn v. Grimes" by New Mexico Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Woodburn v. Grimes
- Author : New Mexico Supreme Court
- Release Date : January 11, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
A short while before the action was instituted, appellants tore the old fence down and built the new fence to the south. Appellee tore the new fence down and this action followed. Surveyors appeared as witnesses for both sides, who gave testimony pro and con as to the location of the boundary line as reflected by the government survey. Interesting as this testimony is, we do not find it necessary to resolve the conflict. We rest our conclusion on the evidence as to the true location on the ground of the dividing line between the land of the contending parties. In 1909 or sometime prior thereto, Sam J. Stinnett, patentee and former owner of the southwest quarter, built an east-west fence across it, dividing it into substantially two equal portions. Actually, this controversy involves less than one acre. Subsequently, this fence was extended in an easterly direction to the east side of section 12. An irrigation well was located by the original owner immediately south of the fence line on land now claimed by appellee. He, or his successors, irrigated the land to the south for a number of years, the tract to the north remaining in pasture. The new fence built by appellants is now to the south of the irrigation well and encloses land claimed by appellee.