Dow City Cemetery Association v. Defiance State Bank

common boundary, but who now dispute the location of the line. The Norwood group asserts that the boundary was established by Virgil Norwood and Raleigh Stevens when they and their spouses were sole owners of the properties. In 1960, Norwood and Stevens orally agreed that the true boundary was located along a fence line. In 1965 they rebuilt the fence in the same location, in reliance upon a survey which appeared to confirm the line. The Norwood group also urges, in the alternative, that this line was established by adverse possession. However, the Stevens group contends that the boundary should conform to a different line disclosed by more recent surveys, conducted in 1973 and 1974. The district court held that the boundary established by oral agreement was invalid, and that the elements of adverse possession had not been shown. Summary judgment was entered for the Stevens group. We reverse.