Hill v. . Young

While defendant presents numerous exceptive assignments, only a few require consideration, and none shows prejudicial error.

In brief filed defendant states that “This is a processioning proceeding, with title drawn in issue, wherein defendant denies correctness of location of the dividing line, and pleads estoppel and statute of limitations in bar of plaintiffs’ claim.” A perusal of the record discloses that in the Superior Court this is the theory upon which the case was tried.

The defendant pleads and contended upon the trial below that even though the jury should find the true location of…