Wm. T. Burton Industries, Inc. v. Wellman

HOOD, Judge.

This is a boundary action instituted by William T. Burton Industries, Inc. (Burton) against M. D. Wellman, Jr. Wellman filed an exception of prescription of ten, twenty and thirty years. Judgment was rendered by the trial court sustaining the exception of prescription of thirty years, and fixing the boundary between plaintiff’s property and that of defendant as the fence line now existing between the said estates. Burton appealed. Wellman answered, seeking damages for a frivolous appeal.

The principal issues presented are: (1) Is it mandatory in a boundary action that a surveyor be…