Roy v. Rasbury

MARVIN, Judge.

Plaintiff Roy appeals a judgment which fixed the boundary between him and defendant Rasbury along the line of an existing ditch and a fence which had once existed for more than 30 years. The boundary fixed by the court is south of a long existing private road known as the Roy Road and is about 15 feet north of the ideal boundary of the litigants.

In four assignments, Roy contends that the trial court erred because there was “no evidence” that Rasbury possessed beyond the ideal boundary to “visible bounds”, that the court appointed surveyor should have been required to file a…