Welborn v. Bate Lumber Co.

Title to real property is not at issue in this action. Plaintiffs and defendant admit the parties own the respective tracts claimed by them. The two tracts are contiguous and the northern boundary of the drainage district is the true dividing line. The exact location of this line is the question at issue. Realizing this, the parties entered into certain stipulations quoted in the statement of fact. These stipulations converted the trial in the court below into a processioning proceeding. Goodwin v. Greene, 237 N.C. 244. Thereafter, the action was not subject to dismissal as in ease of…