Williamson v. Spivey

The motion of the plaintiff to remand to the clerk perhaps would have been allowed, but for the order entered at the December Term, 1942, finding the report of the referees to be in compliance with their appointment, ""to determine the matters at issue,"" and this finding was made without objection on the part of the plaintiff. It is recited in the report that the cause was referred to the referees ""for the purpose of finding the true dividing line between the lands of the plaintiff . . . and the lands of the defendant."" McIntosh on Procedure, 563. True, the plaintiff avers the reference was simply to locate the ""agreed line,"" but the report indicates a different understanding on the part of a majority of the referees, which was confirmed by Judge Carr without objection.