Kirkland v. Gross

Shaw, Judge:

The heirs of J. F. Carter, the appellants, and Mr. and Mrs. Ed Gross, the respondents, own adjacent tracts of land in Bamberg County. The Carter heirs brought this action to (1) determine their property line, (2) recover damages for timber sold by the Grosses, and (3) enjoin the Grosses from using a certain road. The master in equity relied on the Carter heirs’ surveyor’s testimony to establish the property line and decided the damages issue in the Carter heirs’ favor. The circuit court reversed, basing its findings on the testimony of the Grosses’ surveyor, enjoining the Carter…