Duncan v. Sherrill

This is a boundary line dispute between coterminous landowners. The trial court fixed the boundary after hearing evidence from an assortment of witnesses, examining various documents and surveys, and viewing the property. The Duncans, neighbors of Sherrill, appealed.

The record is replete with evidence which supports the line as fixed by the trial court. As we have so often said, a decree fixing a boundary line between coterminous lands on evidence submitted ore tenus and viewed by the trial court has the effect of a jury verdict and will not be disturbed on appeal unless plainly or palpably…