McCollum v. Thomason

1. Under the Civil Code, § 3823, a landowner dissatisfied with a line run and marked by processioners and a surveyor between him and a coterminus owner may file his protest thereto, specifying his objection and the true line as claimed by him, and the papers, including the protest, shall be returned to the superior court for trial. The verdict and the judgment shall be framed to meet the issue tried and decided. The issue in such a case is not necessarily confined to the question of whether the line as marked by the processioners should be sustained, but it is permissible for the protestant…