Spivey v. Porter

WHICHARD, Judge.

Plaintiffs filed a complaint alleging that they owned certain land, defendants owned adjacent land, and defendants had trespassed on their land by building a fence thereon. They sought damages, an order restraining further trespass, and a declaration that they were the owners of the land described. By stipulation the action was treated as a processioning proceeding with associated issues of title by adverse possession.

The court, without a jury, established the common boundary as described in deeds offered by both parties and as indicated by various monuments on the ground. In…