DocketNumber: 16815
Judges: Luke
Filed Date: 12/16/1925
Status: Precedential
Modified Date: 11/8/2024
Mat Miller instituted processioners’ proceedings to determine a certain land line. The return of the processioners was favorable to Miller’s contention, and William Newberry 'and others filed objections thereto. A trial before a jury resulted in a verdict and judgment for Miller.
1. The 'evidence being in sharp conflict, the verdict can not be changed for any reason assigned in the general grounds of the motion for a new trial.
2. A careful study of the record discloses that the true question involved was whether or not Miller had "previously agreed by word or conduct to accept as his boundary a line run several feet from a boundary line shown to have been theretofore established for approximately fifty years. The court’s charge, considered as a whole, properly presented this question, and was not subject to the criticism that it was contradictory, or that in it the court expressed an opinion as to the evidence.
Judgment affirmed.