United States v. Fred Cline and Wife, Luzene Cline

ALBERT V. BRYAN, Circuit Judge:

In this land dispute with the United States, Fred and Luzene Cline appeal the District Court’s marking on the ground the line it had previously adjudged to be the common boundary in July 1924, the critical date, between their property and that of the Government. 1 The physical placement of this delineation on the ground was delegated to a special master who was a surveyor. The Clines’ argument for reversal is that he acted in a prejudicial dual capacity, a master and at the same time actually an expert witness called by the District Court. Thus, that while he…