Turner v. De Priest
Supreme Court of Alabama
Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Bill by J. V. G. De Priest against John W. Turner to establish a disputed boundary line. From a decree overruling demurrers to the bill, respondent appeals. The court erred in overruling the demurrers.
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Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Bill by J. V. G. De Priest against John W. Turner to establish a disputed boundary line. From a decree overruling demurrers to the bill, respondent appeals. The court erred in overruling the demurrers. Subdivision 5, § 3052, Code 1907; section 143, Const. 1901; Section 3255, Code 1007; 130 Ala. 570, 30 South. 563; 195 Ala. 518, 70 South. 145; 204 Ala. 269, 85 South. 386. Counsel relied on the same authority for an affirmance of the case as those relied on and cited by appellant.
1Opinion of the CourtThomas, J.
The bill to establish an uncertain or disputed boundary line between the lands of coterminous owners was filed under the statute.
The statutory provisions are: “The powers and jurisdiction of courts of chancery extend” to the first four causes long embraced in the statute, and to the new provisions of subdivision 5, “To establish and define uncertain or disputed boundary lines,” this latter subdivision being inserted by the Code commissioner. Code 1907, § 3052.
The powers and jurisdiction of chancery courts were extended by statute (long prevailing in this state) to civil causes in which a…
2Cases cited22 opinions
- Ivy v. HoodSupreme Court of Alabama · 1918
- Brown v. CockerellSupreme Court of Alabama · 1858
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Ashurst v. McKenzieSupreme Court of Alabama · 1890
- Hunter v. MaloneCourt of Appeals of Texas · 1908
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Smith v. CookSupreme Court of Alabama · 1929
- Lay v. PhillipsSupreme Court of Alabama · 1964
- McNeil v. HaddenSupreme Court of Alabama · 1954
- Yauger v. TaylorSupreme Court of Alabama · 1928
- Smith v. BrownSupreme Court of Alabama · 1968
15 more not listed; retrieve them via the Exa API.