Elijah Robinson, Respondent, v. Lorinda Phillips, Appellant

Elijah Robinson, Respondent, v. Lorinda Phillips, Appellant. (Submitted February 26,1874; decided March 24, 1874.) Possession under claim, of title can only be interrupted by an action or by possession in hostility to such claim. Loose verbal claims made by another party are of no effect. This was an action of ejectment. The controversy was as to the boundary line between the adjoining lands of the parties. Shortly before the commencement of the action defendant moved the line fence upon lands previously occupied by plaintiff, and took possession up to the fence. The land so taken possession of was that in dispute. The paper title, it was conceded, was in defendant, plaintiff claimed by adverse possession. Plaintiff’s evidence tended to show that the line fence was originally located under the joint direction of the then owners of the lands more than twenty years before such removal; that as thus located it had remained, and that he and those under whom he claimed had occupied uninterruptedly, under claim of title, up to the fence. Some evidence was given that defendant’s grantor had expressed doubts about the fence being on the true line, and had claimed beyond it. After the court had charged, in substance, that if the division line was established as claimed by plaintiff, and the land to the fence possessed and occupied by the parties respectively, they recognizing it as the boundary for more than twenty years prior, to the removal, plaintiff was entitled to recover, further charged that the evidence did not show any such dispute, as to the line, as to disturb the question of acquiescence; to this defendant’s counsel excepted.- Held, no error, for the reason above stated. Goodwill & Stevens for the appellant. Torrance & Allen for the respondent. [MAJORITY — Johnson, J.,] Johnson, J., reads for affirmance. All concur. Judgment affirmed.