Griner v. Lindsey

Sutton, Justice.

1. Special ground 1 of the amended motion for new trial complains of the charge: “General reputation in the neighborhood shall be evidence as to ancient land marks of more than thirty years’ standing; and acquiescence for seven years, by acts or declarations, of adjoining land-owners, shall establish a dividing line. In other words, gentlemen, acquiescence by acts or declarations of adjoining landowners shall establish a dividing line.”

The criticism is that this excerpt from the charge was erroneous because: (a) it was confusing, conflicting, and as a whole stated an incorrect…