Matthews v. Lytle

Briefly stated, the facts of this case are as follows: Appellant, Matthews, and appellees Lytle and Gill, together with H. D. Westmoreland, deceased, owned a valuable tract of land near Huntsville, suitable for development into desirable building lots, as a suburban subdivision. The owners took steps to develop it as a subdivision, and had a plat made by one Kessler. This was never recorded nor adopted as a survey. Westmoreland died, leaving his property in trust with the Birmingham Trust & Savings Company, as trustee, and the remaining three owners purchased his interest from the trustee.…