Thurmond v. Moxley

PREWITT, Judge.

Plaintiffs filed a “Petition in Ejectment” seeking the recovery of 5.244 acres of land. Defendants answered, claiming the right to possession of the property. Following nonju-ry trial, judgment was entered in favor of plaintiffs for possession of the disputed land except for a small portion near a house which defendants claimed to own. Defendants appeal.

Review is under Rule 73.01(c). As that rule is interpreted, this court is to affirm the trial court’s determination, unless there is no substantial evidence to support it, it is against the weight of the evidence, it erroneously…