Lowery v. Smith

MADDOX, Justice.

Appellants, J. M. Lowery, Grace Reeves and Chester and Grace Reeves, filed individual suits to settle a boundary line dispute between them and R. Rush Smith and Jackie Smith twelve years ago.1 Various pleadings were filed but the case was not brought to trial. In 1966, the court entered an order of consolidation and appointed a surveyor, ordering the costs of the survey to be “taxed as cost in this case, to be paid as hereinafter directed by the Court on final decree.” Three years later, in 1969, the surveyor informed the court that he needed protection, whereupon the court…