Hood v. Bell Price Tharp

Hood, the appellant, filed a petition in the circuit court of Clinton county under an act of the General Assembly entitled “An act to provide for the permanent survey of lands,” approved May 10, 1901. (Hurd’s Stat. 1905, p. 1984.) The purpose of the proceeding was to establish the boundary line between the adjoining lands of appellant and appellees. To the petition the appellees interposed a demurrer on the ground that the statute under which the suit was brought was unconstitutional and void. The court sustained the demurrer and dismissed the petition, whereupon Hood appealed.

In 1869 the…