Holland v. NeSmith

INGRAM, Justice.

Darryl McCoy NeSmith sued Thurston Holland, seeking to have the trial court establish a boundary line between two adjacent parcels of land, one of which is owned by NeSmith and the other by Holland. Following an ore tenus proceeding, the trial court ruled for NeSmith, and Holland appealed.

On appeal, Holland raises only the issue of whether the trial court’s judgment is clearly erroneous, manifestly unjust, and contrary to the evidence.

Initially, we note that where testimony is presented ore tenus in an action to establish a boundary line between coterminous landowners, the…