Boyett v. Tindell

LAWSON, Justice.

Appellant filed a bill in the Circuit Court of Houston County, in Equity, against appellees and two other persons. After demurrer was sustained to his original bill, appellant filed a substitute bill against appellees alone. The substitute bill sought to have the court determine a boundary line between lands of appellant and appellees and declare that appellant had a fifteen-foot easement over appellees’ land.

Appellees answered the substitute bill after their demurrer interposed thereto was overruled. Following a hearing wherein the testimony was taken ore tenus, the trial…