Combs v. Woodie

MORRIS, Chief Judge.

Plaintiff, by assignments of error Nos. 1 and 2, contends the court committed reversible error when it allowed the court appointed surveyor and another surveyor who had surveyed the land in the past to state their opinions as to the true boundary line between plaintiff and defendants Woodie and between plaintiff and defendant Miller. We agree that this constituted error sufficiently prejudicial to require a new trial.

Where the true boundary is is a question of fact for the jury. What the boundary is is a question of law for the court. Benton v. Lumber Co., 195 N.C. 363,…