Allen v. Welch

CRANDALL, Judge.

Defendants, Robert C. Welch and Mar-yetta L. Welch, appeal from a judgment, entered pursuant to a jury verdict, in favor of plaintiffs, Jerry Wayne Allen and Meri Ellen Allen, in an ejectment action. We reverse.

Plaintiffs and defendants owned adjoining properties. The northern boundary of plaintiffs’ property formed the southern boundary of defendants’ property. On the basis of a survey of their property, plaintiffs determined what they thought to be the location of the common boundary line. Defendants, however, informed plaintiffs that they believed the line to be…