Cagle v. Patterson

1. Where in a processioning proceeding the jury found the dividing line between the two coterminous landowners to be as claimed by the protestant, and the judgment of the court in accordance therewith did not contain any injunctive provision, the act of the losing party in thereafter constructing a wire fence upon a portion of the land of the protestant, though rendering him a trespasser, would not subject him to attachment for contempt of court, either criminal or civil, because of such alleged violation of the court’s judgment. Accordingly, upon a review by this court, after a transfer of…