Duke v. Presnall

MADDOX, Justice.

This case involves a boundary line dispute and the only issue before the Court is whether the trial court erred in determining the true boundary line between the coterminous landowners. We affirm.

D.W. Presnail, appellee, filed a complaint against Tillman Duke, appellant, in which he alleged that the boundary line between their land was disputed; he requested the court to appoint a surveyor. Defendant’s motion to dismiss was denied by the trial court, whereupon he filed an answer, with a survey attached, prepared by one Daniel Andress, Jr., a licensed surveyor. In his answer he…