Cunagin v. Parker

Opinion op the Court by

Stanley, Commissioner

Reversing.

The pleadings in this case of trespass raised several issues, including the existence of a 20 foot strip from a county road to a family graveyard of the plaintiff, Dan Cunagin. With the express admission of C. L. Parker, the defendant, in his testimony that the plaintiff does own such a strip of land, which he had recognized in the erection of a wire fence, the sole question became that of its location, and that depended on whether it is to be measured from the south side of an old, narrow wagon trail, so as to include it, or from the…