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eBook details

• Title: Smiley v. Jaggers
• Author : Court of Criminal Appeals of Oklahoma
• Release Date : January 02, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

2 The plaintiffs purchased from the defendants on March 1, 1948, an improved acreage east of Oklahoma City. The property was unplatted and is described in the deed of conveyance by metes and bounds. At the time of this transaction there was a fence near or adjacent to the described premises on the south. This fence had been in existence longer than one year prior to the purchase by plaintiffs, but for how much longer the evidence does not disclose. Likewise, the evidence does not disclose by whom this fence was constructed nor any other circumstance connected with its construction. It appears that the septic tank for this property comes to within eighteen inches of the fence line. At the time the property was purchased by plaintiffs, the property on the south adjoining the premises described in their deed was not owned by the defendants, but the defendants had become the owners of this adjoining property prior to the initiation of this action. There is some intimation by Mr. Smiley, in testifying concerning certain photographs which were admitted in evidence solely to aid the court in understanding the arrangement of the premises, that the boundary described in his deed is actually some six feet north of the fence line. However, there was no competent (surveyors) evidence offered to establish this as the fact. Plaintiff testified that during the negotiations it was "* * * generally understood * * *" that the fence line was the property boundary, but he also admitted "I dont remember whether he (defendant) ever just specifically told me where the line was or not." The defendant, called as a witness by plaintiff, testified "I did not tell him personally that was the line. I sold it to him just like I bought it." There was no contention that plaintiffs received less property than the area called for by the description in their deed.

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