Johnson v. Sessions

HENRIOD, Justice

(concurring) :

I concur because the direct and circumstantial evidence reflect a long period of time, beyond the prescriptive period, where everyone acquiesced in a monumentally visible line separating the adjoining properties. However, if the main opinion, by citing Ekberg v. Bates and calling attention to certain language of its author, Mr. Justice Wade, and the concurrence of Mr. Chief Justice Wolfe, with reference to the seven-year adverse possession statute, implies that the seven-year occupancy provision therein has anything to do with the doctrine of boundary by acquiescence, I would be bound to disagree. I think the references to such statute simply were observations, not suggestions, since the period of acquiescence justifiably found by the trial court in that case exceeded the 20-year prescriptive period. I think it only confusing to refer to those gratuitous and wholly unauthoritative observations.