Milstead v. Devine

SIMPSON, Justice.

Statutory ejectment by Devine and wife, appellees, against Milstead and Miles, appellants, for a strip of land in the SEJ4 of Section 23, Township 5 South, Range 3 East, Baldwin County, Alabama.

The question of merit is the propriety of the action of the trial court in giving for the plaintiff the affirmative charge with hypothesis.

The issue between the parties was the determination of the true division line between the SEt4 of the SE%, owned by the plaintiffs, and the SWJ4 of the SEj4, in which the defendants’ lands were situated. The defendants, Milstead and Miles, owned…