Cornelison v. . Hammond

When, in a processioning proceeding under G. S., ch. 38, it is made to appear that there is a bona fide dispute between the owners as to the true location of the boundary line between adjoining tracts of land, may the cause be dismissed as in case of nonsuit? The answer is no.

The proceeding authorized by G. S., ch. 38, is an in rem proceeding. The petitioner is required to make thé adjoining landowner party defendant and to allege only “facts sufficient to constitute the location” of the disputed line as claimed by him. If the respondent fails to answer, “judgment shall be given establishing…