Howell v. Baynes

Undercofler, Justice.

As stated in the pre-trial order, “The sole issue involved in this case is [the] correct location of the dividing line between the parties.” The jury found in favor of the plaintiff and the court entered judgment thereon permanently enjoining the defendant from trespassing on or otherwise interfering with the plaintiff’s úse and possession of the property in issue. The defendant appeals. Held:

1. The trial court charged the jury: “There has been introduced into evidence, gentlemen, two plats: one plat which plaintiff has introduced as being made by Mr. S. R. Fields. The…