Wadsworth v. Georgia-Pacific Corp.

WEBB, Judge.

We affirm the judgment of the superior court.

This action was converted from an action for wrongful cutting of timber and trespass to one to determine a boundary line. Boundary disputes are usually tried by special proceedings brought before the Clerk of Superior Court under Chapter 38 of the General Statutes. This statute is not jurisdictional, however, and by consent a boundary dispute may be originally tried before a superior court judge. Andrews v. Andrews, 252 N.C. 97, 113 S.E. 2d 47 (1960).

The appellants’ first contention is that the court committed error by not holding that…