Whaley v. Ellis

Atkinson, Presiding Justice.

Mrs. Ruby Ellis and Waymon Ellis filed in Murray Superior Court, against Mrs. J. M. Whaley, a petition, count one of which was to enjoin a continuing trespass, and count two was in ejectment. The petitioners and the defendant are coterminous landowners. A controlling question was the location of the line running north and south between the petitioners’ land in' land lot 77, and the defendant’s land in land lot 78. When the case first came on for trial, the parties and their attorneys in open court entered into the following agreement: “R. E. Smith is appointed to…