Batson v. Jimmerson

FRED W. JONES, Jr., Judge.

In this petitory and boundary action among contiguous property owners, Emmett Batson, Cedric Smith, J.D. Simmons and Floyd Jimmerson, three of the owners, Smith, Simmons and Jimmerson, appealed the judgment of the trial court assessing the costs of the action among all of the parties. For the reasons stated herein, we amend the judgment of the trial court.

Issue Presented

Whether the trial court properly assessed the costs of the petitory and boundary action among all of the parties when one party allegedly repeatedly refused to amicably agree to a boundary line and…