Robertson v. Abernathy

Jenkins, Justice.

In the former trial of this action of ejectment, involving title to a small tract of land, as controlled by the boundary line between plaintiff’s “lot 602” and defendant’s south portion of "“lot 603,” the jury found generally for the plaintiff. In that trial the plaintiff relied on three theories: (1) that the line for which he contended was the original line between the lots; (2) that the line had been, established by acquiescence for more than seven years; and (3) that he had good prescriptive title by twenty years actual possession of the tract. The judgment refusing a new…