PULL V. BARNES
350 P.2d 828 (1960)
NATURE OF THE CASE: Pull (P) appealed from a judgment, which was entered for Barnes (D)
in an action to determine the boundary line between properties owned by P and D.
FACTS: Ps located a parcel of land upon which they desired to build a mountain home and
began to search out the owners of it. Just west of the piece of land was a line of an old
fence which had upon it 'No Trespassing' signs. Ps proceeded to negotiate with and buy from
the parties who, in good faith, asserted the title to the land now in question. It later was
determined by a survey that D owned the land, which Ps believed they had purchased, and upon
which they had constructed their cabin. P hired a licensed surveyor to stake out the corners
of the cabin site, but did not ask him to survey the land itself to determine the boundary
lines between their property and D. During the construction D were on the scene a number of
times and acted as neighbors-about-to-be. Neither party knew or even suspected at the time
of the construction of the cabin that it was being built upon land belonging to D. After the
cabin was completed D negotiated with P for a right-of-way through the land upon which Ps
had built their cabin, and upon being refused hired a surveyor, and for the first time
learned that the cabin which Ps had erected was solely upon D's land. Ds erected a fence
excluding Ps from the cabin and the land until a preliminary injunction was entered in this
case some two years later. The trial court held that the cabin was entirely within the land
owned by Ds and entered judgment for Ds. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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