Title 44, Chapter 4, Section 9
( 44-4-9)
Any owner of adjoining lands who is dissatisfied with the lines run
and marked by the processioners and the surveyor may file his
protest to their findings with the judge of the probate court within
30 days after the processioners have filed their returns and shall
specify in his protest the lines objected to and the true lines as
claimed by him. Upon the filing of a protest, it shall be the duty
of the judge of the probate court to return all the papers,
including the plat made by the surveyor, and the protest to the
clerk of the superior court of the county or counties where the
disputed land lies; and copies shall be sent to the adjoining
counties. The clerk shall enter the protest on the issue docket to
be tried in the same manner and under the same rules as other cases.
The verdict of the jury and the judgment of the superior court shall
be framed to meet the issue tried and decided; provided, however, it
shall not be necessary to run any lines between adjoining landowners
except the lines in dispute. |