Neely v. Jones

This boundary line dispute involves the ownership of a strip of land, less than an acre, lying between the appellants property to the east and the appellees property to the west. The case began as an action in ejectment but was later transferred to equity. At the close of the plaintiffs proof the chancellor sustained a demurrer to the evidence, and this appeal is from the ensuing order of dismissal. The only question is whether the demurrer to the evidence was properly sustained. This depends, under our holding in Werbe v. Holt, 217 Ark. 198, 229 S.W.2d 225, upon whether the proof, viewed in its most favorable light, would have presented a question of fact for the jury if the case had been tried at law.