Scales v. Wood

Carlisle, Judge.

1. In special ground 1 of the amended motion for a new trial in this action for damages for cutting timber on land allegedly belonging to the plaintiff (the plaintiff and defendant being coterminous landowners) error is assigned on a portion of the charge of the court relating to agreed land lines as follows: “If you find that they (the parties or their predecessors in title) did agree, the previous owners or either one of them agreed on the line and set up the comers at that time, then that would constitute the legal line.” The charge is, as contended, unsound as an abstract…