CHAPTER 606

An Act to amend and reenact §§ 8-886, 8-887, 8-838, and 8-841 of the Code
of Virginia, relating to actions to establish boundaries. rH 836]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 8-836, 8-837, 8-838, 8-841 of the Code of Virginia be amended
and reenacted, as follows:

8-836. Any person having a subsisting interest in real estate and
a right to its possession, or to the possession of some share, interest or
portion thereof, upon * motion for judgment filed pursuant to the Rules of
Court filed in the court which would have jurisdiction in an action of
ejectment concerning such real estate * shall have the right to have ascer-
tained and designated by such court the true boundary line or lines to such
real estate as to one or more of the coterminous landowners. * Plaintiff
in stating his interest shall conform to the requirements of § 8-804, and
shall describe with reasonable certainty such real estate and the boundary
line or lines thereof which he seeks to establish. A plat, showing such real
estate and boundary line or lines, filed with the * motion for judgment,
may serve the purposes of such description.

§ 8-837. The * plaintiff shall make defendants to such * motion for
judgment all persons having a present interest in the boundary line or
lines sought to be ascertained and designated. * The defendant shall *
plead as in other actions at law under the Rules of Court.

§ 8-838. The trial shall be conducted as other trials at law, and the
same rules of evidence shall apply and the same defenses may be made as
in other actions at law. A trial by jury may be waived by consent of the
parties, and the case be tried by the court. Counsel for the * plaintiff
shall have the right to open and conclude the argument. The judge of the
court in term time or vacation may direct such surveys to be made as he
may deem necessary.

§ 8-841. A writ of error from the Supreme Court of Appeals shall
lie to such judgment in like manner as in * other actions at law. *