Jones v. Spalding
Jones v. Spalding
Opinion of the Court
Opinion by
In this case the only question between the parties is as to the boundary line dividing the lands owned by each. The testimony is conclusive as to the title and possession by appellant and those under whom he claims of the land in controversy, and equally so as to the boundary line. The record of the action under which
The testimony in this case shows that when the appellant purchased this land that the appellee was not in possession or claiming it, and the proof is overwhelming that his line was near the dwelling in which he lived and that he so claimed it. This is an ordinary action and must be reversed with directions to award a new trial. The judgment is therefore reversed and cause remanded with directions to grant a new trial and for proceedings consistent with this opinion.'
Case-law data current through December 31, 2025. Source: CourtListener bulk data.