Duke v. Wimberly

SIMPSON, Justice.

The real question involved is a disputed boundary line between the respective lots of the parties, who are coterminous owners.

The evidentiary prerequisites of adverse possession enumerated in Section 828, Title 7, Code of 1940, are therefore inapplicable and are not controlling. Branyon v. Kirk, 238 Ala. 321, 325, 191 So. 345; Mink v. Whitfield, 218 Ala. 334, 335, 118 So. 559.

The appellant, who instituted the suit, contends that the appellees-respondents are unlawfully in possession of a strip across the east side of his property of approximately 10 1/2 feet in width and that…