Allen v. Allen

Plaintiff contends that the judge erred in refusing to set aside the report of the commissioners, for that the commissioners failed to give notice to the plaintiff “of the time and date of the purported division, and failed to give to the petitioner (plaintiff) the opportunity to offer proof and allegations as directed.”

In the judgment of confirmation the judge made a finding “that the commissioners physically went upon the land in surveying and arriving at their Report of November 20, 1963; however, none of the parties were present at the time of said visit by the Commissioners to the…