Clark v. . Dill.

Plaintiff brings this special proceeding under Chapter 9 of the Consolidated Statutes to establish the dividing line between his land and an adjoining tract owned by the defendant. He alleges that the boundary line between the two tracts is in dispute, and further, that the defendant has trespassed across the line and committed waste upon plaintiff’s land, the territory in dispute.

The defendant answered and denied plaintiff’s title; whereupon the proceeding was transferred to the civil issue docket. Brown v. Hutchinson, 155 N. C., 205, 71 S. E., 302.

Upon the trial, the defendant tendered…