White v. Rainwater

Atkinson, Presiding Justice.

(After stating the foregoing facts.) Whether or not certain testimony objécted to was, as contended by the petitioner, an attempt to vary the terms of the deeds, is immaterial, since it did not in fact authorize any finding that the petitioner’s boundaries were otherwise than as stated in his deed. This is true for the reason that, with reference to Dr. Fleming’s hedge from which the defendant’s witnesses testified that they measured 75 feet south to what the defendant contends is his southern boundary, there is no testimony that the hedge did in fact coincide with…