Wroten v. Fenn

Appellee filed his declaration at law against appellant to recover damages for the cutting and conversion of certain pine trees on the land of appellee. The pleadings disclose that the principal issue turns upon a disputed boundary of adjoining lands owned by the parties. The parties entered into an agreement that a survey be made by a surveyor named in the agreement and that they would abide by the survey. The surveyor named was unable to serve. At a succeeding term of the court appellant moved that the cause be transferred to the chancery court. This motion was overruled. Subsequently the…