Downing v. Glassburner

The object of this suit is to determine the boundary between the land of the plaintiff and the land of the defendant Temperance I. Glassburner. The plaintiff, instead of proceeding in the form of a special action, as provided by Section 4230, Code of 1897, comes into equity, and alleges that the owners cannot agree upon their boundary; that they had agreed that plaintiff might call a surveyor, and that they would put their fences on the lines found by him; that plaintiff did call a surveyor, who made a survey; but that defendant refused to abide by it. The prayer is that the boundary lines…