Helms v. Powell

This is a boundary line dispute. The plaintiffs, Ada Powell, Louie Powell, Fred Powell, Joe Mack Powell, Sheila Powell, and Stephen Powell sued Robert and Sonja Helms, claiming the Helmses had built a fence that enclosed a portion of their property.

The plaintiffs filed a motion requesting that a surveyor be appointed to fix the disputed boundary line pursuant to §35-3-21, Code 1975. The defendants agreed to the court's appointment of Jerry Smith. Smith did the survey and prepared a plat. After an ore tenus trial, the judge entered a judgment for the plaintiffs. The defendants' motion for a…