Appellant filed this suit to establish the boundary line between property owned by him and property owned by Mrs. B.L. Myers, Sr., in which her son, B.L. Myers, Jr., had a contingent interest. At a regular term of court the case was set, by consent of all the attorneys, for hearing in vacation on December 8, 1953. On that date Mrs. Myers was seriously ill and unable to attend court. Negotiations toward a compromise...
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