Smith v. Starnes

When this case was called for trial, the parties stipulated that plaintiffs are successors in title to Lot No. 1 and defendants are successors in title to Lot No. 2 according to a partition by commissioners in a special proceeding in 1912 entitled Jenkins v. Jones, Caldwell County Superior Court. The plaintiffs then offered into evidence the full report of the partition by commissioners which contains a description by metes and bounds of both Lot No. 1 and Lot No. 2. Lot No. 1, now owned by the plaintiffs, lies contiguous to and south of Lot No. 2, now owned by the defendants.

Immediately…