State v. Jenkins

Tbe evidence for tbe State tended to sbow tbat tbe defendant owned a tract of land adjoining a tract owned by one T. L. Justice, and tbat, pending a sale of tbe land by Justice to A. B. Nix or bis wife, tbe defendant and A. B. Nix entered into an agreement to employ a surveyor to survey and establish tbe dividing line.

Pursuant to tbis agreement, the line was surveyed and tbe stake in question was placed, and tbe agreement, return of tbe survey, plat, and order of registration are set up in the record.

Tbe purpose of tbe agreement is shown by tbe testimony of A. A. Hamlet, tbe surveyor, who…