Middlesborough Town & Lands Co. v. Hurst

Opinion op the Court by

Judge Lassing —

Affirming.

This appeal grows out of a dispute between the Middlesborough Town & Lands Co. and W. D; Hurst and wife over a division line. They claim title from a common .source. The issue is necessarily a narrow one and is, in fact, confined to the location of a certain walnut tree, recognized by both parties as a corner. The location of this tree settles the controversy.

*317In brief, the history of this litigation is, as follows: John G-. Colson died in 1882, leaving a landed estate. By his will he devised a certain portion of his land to his youngest…