Page:Federal Reporter, 1st Series, Volume 2.djvu/448

 BROWN V, LEJITB. ���441 ���The lines in dispute are the north and west lînes of the the defendant's S. E. J. �The strip of land in question contains about three acres. The testimony does not establish the position of the original and true boundary line beyond doubt, but, for the purpose of this decision, we shall concede that that line is as claimed by plaintiff, for the reason that we are convinced the defendant bas a valid, legal title to the land in controversy by operation of the statute of limitations. �Upon that point it appears in evidence that the defendant Leete went into possession of the aforesaid S. E. J and set up monuments to mark the west and north, line as he claimed it then to be, in the year 1871. In the year 1873 he set out along this line a hedge, intending and claiming and believing it to be on the true boundary line between bis own and the plaintiff's land. In January or February, 1872, the defend- ant built a fence outside of and five feet from his proposed hedge to protect it. This was a substantial board fence, and bas beed there ever since. The defendant also set out 640 shade trees, and altogether had expended on the land in dis- pute about |1,700 at the time this suit was begun. In 1871 one Osbiston, then superintendent of the Nevada Land & Min- ing Company, from which the plaintiff derives title, pointed out the S. E. J, afterwards purchased by defendant, to him, and advised him to buy it. Defendant did so, and built his hedge and fence while Osbiston remained superintendent, and often passed by and saw the improvements being made by defendant without objection. AU the superinten dents who suoceeded Osbiston were cognizant of defendant's improve- ments. They lived near, at the mill of the company, were often seen by Leete, but never made any objection to his improvements. �In Leete's deed the land was described according to the government subdivision, and he says that he claimed no other land; that he has never yet discovered his hedge isnot on the true line, and daims it to be so now. The land between the hedge and the fence he never did intend to claim, although ����