Opinion
No. 39436.
January 10, 1955.
1. Boundaries — line dispute — evidence — supported Chancellor's decision.
Headnote as approved by Hall, J.
APPEAL from the chancery court of Noxubee County; R.P. SUGG, Chancellor.
Guyton Allen, Kosciusko, for appellants.
I. Cited and discussed the following authorities: Boyd v. Durrett, 216 Miss. 214, 62 So.2d 319; Buckwalter Lbr. Co. v. Wright, 159 Miss. 470, 132 So. 443; Nixon v. Porter, 34 Miss. 697; Sellers v. Union Producing Co., 192 Miss. 780, 7 So.2d 821; Wroten v. Fenn, 203 Miss. 361, 36 So.2d 534; Secs. 4271-2, 4284-5, Code 1942; Bureau of Land Management, Dept. of Interior, 1947 Manual of Surveying Instructions, Chap. 15; Clark on Surveying and Boundaries (2d ed.), Secs. 7, 8, 347, 350, 356, 369, 385, 421, 530, 674, 676; Griffith's Miss. Chancery Practice (2d ed.), Secs. 564, 567.
Martin Brown, Macon; Livingston Fair, Louisville, for appellee.
I. Cited and discussed the following authorities: Boyd v. Durrett, 216 Miss. 227, 62 So.2d 319; Buckwalter Lbr. Co. v. Wright, 159 Miss. 470, 132 So. 443; Burton v. Butler, 107 Miss. 344, 65 So. 459; Nixon v. Porter, 34 Miss. 697; Sellers v. Union Producing Co., 192 Miss. 780, 7 So.2d 821; Wroten v. Fenn, 203 Miss. 361, 35 So.2d 534.
(Hn 1) This suit involves the correct location of the line between parcels of land owned by the respective parties hereto. No adverse possession by either party is claimed. Each party had the line surveyed by competent surveyors and the chancellor adopted the line as run and established by the surveyor employed by appellee. We think the weight of the evidence supports the chancellor's decision, and, at least, we cannot say that he was manifestly wrong. The decree will therefore be affirmed.
Affirmed.
Roberds, P.J., and Lee, Kyle and Holmes, JJ., concur.