Lord Russell of Killowen:-

This appeal arises in a litigation between the Stool of Aowin as plaintiff and the Stool of Upper Wassaw as defendant, the main question in the litigation being what is the boundary between Aowin and Upper Wassaw. Aowin says that the boundary throughout is the River Tano. Upper Wassaw, on the other hand, says that northward from the point where the River Anwia flows into the River Tano the boundary is the River Anwia up to its source, and thereafter northward from that point along a bush track up to the River Huro and then along the Huro for a short distance of half a mile or a mile.

There is also in the action a subsidiary claim to damages for trespass by the defendant, or people claiming under the defendant, upon certain land which is situated within the boundary of Aowin, if the River Tano is the true boundary.

The trial Judge, Gardiner Smith, J., has held upon the oral evidence adduced before him, that Aowin's claim is right; that is to say, that throughout, the boundary between these two territories is the River Tano, and he made a declaration to that effect. He also upon the claim for trespass, awarded damages to the amount of £100. His decision was af