McGhee v. Young

The McGhees (plaintiffs) sued neighboring landowner Evelyn Young (defendant) for ejectment in a subdivision where a fence ran along a line marked by substantial concrete monuments placed equidistant between the parties' houses. The McGhees claimed the true property line, based on the metes and bounds described in the parties' deeds and recorded on the subdivision plat, actually ran through Young's house, garage, and septic field. Young proved to the trial court's satisfaction that the subdivision's original surveyor had placed the monuments specifically to mark the lot boundary, and the trial court, applying existing precedent, entered judgment for Young; the McGhees appealed.