Freeman v. Taylor

PREWITT, Presiding Judge.

Defendants-Appellants raise one point for our consideration. It states:

“The Court erred by entering judgment in favor of Plaintiffs-Respondents on Count I, determination of title, and in favor of Defendants-Appellants on Count II, ejectment, because the Court in so doing did not determine the boundary line between the respective parties’ properties which was the issue before the Court.”

A jury was waived and the case was heard on plaintiffs’ three-count petition and defendants’ answer. The first count of the petition stated that plaintiffs owned the northeast quarter…