Smith v. Eudy

This case was submitted under Supreme Court rule 46, and the opinion of the court was prepared by

Mr. Justice BROWN.

This is a statutory action in the nature of an action of ejectment, commenced by the appellant against the appellees on the 21st day of May, 1925. Both parties claim under Levi W. I-Iipp as the common source of their respective titles, and the controversy arises over the location of the boundary line between their respective tracts.

The complaint consists of two counts. Under the first count the plaintiff seeks to recover an 80-acre tract lying south of a line indicated by the…