Palmer v. Hinson

Atkinson, Justice.

(After stating the foregoing facts.) The third special ground of the motion for new trial complains of the charge: “Now the defendant claims and sets up in his answer an agreed line as being the true line between the property owned by the defendant and that owned by the plaintiff, and in that connection the court charges you that an unascertained or disputed boundary line between coterminous landowners may be established by oral agreement, if the agreement be accompanied by actual possession to the line, or is otherwise duly executed. In such instances the agreement may be…