Kerlin v. Southern Bell Telephone & Telegraph Co.

Bell, Justice.

While the petition alleged that the tract of land in question is claimed by J. J. Kerlin, and treats him as the owner of the fee, the suit was instituted against both him and his wife, and for convenience we may employ the term defendants, just as though they owned the land together. Also the parties will be designated herein according to their positions in the court below. It appears from the petition that, more than twenty years before the suit was filed, the plaintiff purchased from the Commercial Telephone Company a line of telephone poles and wires which was then in…