Carr v. Wilbanks

AVERY, P. J.,

(Western Section). In this cause we are faced first, with the determination of whether or not this is a boundary line suit, such as is authorized by Sections 16-607 et seq., T. C. A., wherein it is unnecessary to deraign the title back to the grant or a common source, or whether it is a suit in ejectment which does require deraigning the title back to a grant or to a common source. If the issues turn purely upon the allegations and prayer of the original bill and the allegations of the answer thereto, it would be easy to determine the type of cause, for it is nowhere alleged in…