Turnipseed v. Moseley

SIMPSON, Justice.

Mrs. Rochelle R. Moseley sued Mrs. Orah W. Turnipseed and her daughter, Miss Janice Turnipseed, in equity to establish a boundary line which was in dispute between their coterminous properties. The trial court ascertained the true line to be as claimed by Mrs. Moseley and the Turnipseeds have appealed from that decree.

The evidence was by deposition taken before a commissioner and we must sit in judgment on the. facts, as if at nisi prius, and arrive at a just conclusion without the aid of any presumption favoring the decision of the trial court on the issues presented.…