5.4 acres which they had purchased from Friedsam. Also, that judgment recited an agreement by the parties, and an order by the court, that Ulbricht and Heckman build "a substantial fence, sufficient to turn cattle" between their 5.4 acre parcel and Friedsam's land.
Although there was some contrary evidence as to time, the court found that soon after the entry of the judgment, the parties located the boundary line upon the ground and constructed a permanent fence. Appellee Jones testified that he, as lessee of Friedsam, agreed with Ulbricht and Heckman on the location of the fence, and that it represented a "partition fence" between the 5.4 acre parcel and the land of Friedsam. Jones said further that the fence was built on the agreed location. The fence, aslands of Friedsam and that the fence would extend "... from the division fence between said 5.4 acres of land and the Dorbandt land in a Westerly direction to the water's edge of Lake Buchanan as it ebbs and flows ..."
Appellee Jones' testimony was somewhat contradictory, but he did testify that in a few days, or a week, or three or four months after the judgment, he and Ulbricht and Heckman met on the ground and built the fence. This position is corroborated by appellant's witness, Gibbs, who stated that, "at the end of theimmediately after the end of, or the termination of this law suit, in accordance with that judgment, something was done pertaining to the fence at that time".
*604 After the parties met, Jones testified that