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ZELENE BALL BURCH, CAROLYN BALL GRAVES and FRANK MOODY v. MURDICK R. HILLMAN and BARBARA P. HILLMAN

MAY 04, 1988

ZELENE BALL BURCH, CAROLYN BALL GRAVES and FRANK MOODY
v.
MURDICK R. HILLMAN and BARBARA P. HILLMAN



BEFORE ROY NOBLE LEE, C.J., PRATHER and GRIFFIN, JJ.

GRIFFIN, JUSTICE, FOR THE COURT:

This is a land line dispute. We are of the opinion that the evidence supports the findings of the chancellor, and in view of our usual degree of deference to the findings, we will not disturb on appeal. To say the least, he was not manifestly wrong. Thompson G. Daniel v. The Snowdown Association, 513 So.2d 946 (Miss. 1987); City of Greenville v. Farmers Inc., et al., 513 So.2d 932 (Miss. 1987); Gulf National Bank v. David Sturtevant, 511 So.2d 936 (Miss. 1987).

As the style of the matter reflects, the chancellor agreed with the contention of the appellee as to the line between the litigants and awarded a $1,450 judgment against both appellants and a separate judgment against Carolyn Ball Graves in the sum of $3,000. The evidence on which the chancellor made his findings is recited as follows:

 On August 23, 1974, Aden Ball conveyed land, located in Greene County, to his daughters, Carolyn Ball Graves and Zelene Ball Burch, described as follows:

 Begin at a point where Big Creek intersects the section line between Sections 7 and 12, Township 1 North, Range 6 West, Greene County, Mississippi, and run thence due South 1200 feet, thence run East to the West boundary of Big Creek, thence run Northwesterly along the meanderings of Big Creek to the point of

 beginning.

 On September 3, 1974, Aden Ball conveyed an adjacent tract to his sons, Olen Ball and Roger Lee Ball, described as follows:

 Begin at a point where Big Creek intersects the section line between Sections 7 and 12, Township 1 North, Range 6 West, Greene County, Mississippi, and run thence due South 1200 feet to and for the point of beginning, thence run East to the West boundary of Big Creek, thence run Southerly along the meanderings of Big Creek to where said Big Creek intersects with the Chickasawhay River, thence run Southwesterly along the West boundary of Chickasawhay River to where it intersects the section line between Sections 7 and 12, run thence due North to the point of beginning.

 In this deed, Aden Ball reserved a life estate, described as follows:

 Begin at a point where Big Creek intersects the section line between Sections 7 and 12, Township 1 North, Range 6 West, Greene County, Mississippi, and run thence due South 1200 feet to and for the point of beginning, thence run East for a distance of 300 feet, thence run South for a distance of 300 feet, thence run West for a distance of 300 feet, thence run North for a distance of 300 feet back to the point of beginning.

 A dispute then arose between Aden's children, concerning the boundary between the two tracts. Carolyn and Zelene claimed that Aden had marked the boundary with a stump in 1974, having previously measured 1200 feet from Big Creek. Yet, in "late October or November of 1980," Olen and Roger Lee repeatedly moved a post, marking the boundary, finally placing it 115 feet north of the true line.

 Afterwards, on April 4, 1981, Aden Ball, Olen Ball, Betty Ball and Roger Lee Ball conveyed their interests to Murdick Hillman and Barbara Hillman, his wife, in a deed, which read,

 TOWNSHIP 1 NORTH, RANGE 6 WEST

 Section 7: All that part of the ...


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