Legal Opinion

Goodman v. Carroll

Supreme Court of Alabama

Decided February 10, 1921No. 4 Div. 896PublishedCited by 21 opinions

Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Bill by F. B. Carroll and others against Mattie Goodman to fix and locate a disputed boundary line. From a decree overruling demurrers to the bill, respondent appeals.

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Appeal from Circuit Court, Coffee County; A. B. Foster, Judge. Bill by F. B. Carroll and others against Mattie Goodman to fix and locate a disputed boundary line. From a decree overruling demurrers to the bill, respondent appeals. The bill alleges the ownership by Carroll of 200 acres of land, the ownership by Grooms, and that the respondent, Goodman, owns certain lands contiguous to the lands of the complainants, and that the true boundary line running between certain described 40’s of Carroll and of Mattie Goodman, extending north and south between the lands of Carroll and the lands of…

1Opinion of the CourtMcCLELLAN, J.

Subdivision 5 of Code 1907, § 3052, reads:

“The powers and jurisdiction of courts of chancery extend— * * 5. To establish and define uncertain or disputed boundary lines.”

This subdivision is new to the. Code of 1907. At the time this Code was adopted it had been pronounced, upon abundant authority, in Ashurst v. McKenzie, 92 Ala. 484, 487, 9 South. 262, and reiterated in Guice v. Barr, 130 Ala. 570, 30 South. 563, that the jurisdiction of chancery “to establish disputed boundaries is [was] ancient and well defined,” that this jurisdiction did “not arise upon any mere dispute as to the location…

2Cases cited14 opinions

  1. Baker v. BakerCalifornia Supreme Court · 1859
  2. Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
  3. Cooper v. SlaughterSupreme Court of Alabama · 1912
  4. In re Pennock's EstateSupreme Court of Pennsylvania · 1853
  5. Ashurst v. McKenzieSupreme Court of Alabama · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Alabama State Federation of Labor v. McAdorySupreme Court of the United States · 1945
  2. Yauger v. TaylorSupreme Court of Alabama · 1928
  3. Duncan v. RudulphSupreme Court of Alabama · 1944
  4. Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
  5. Daniel Construction Company v. PierceSupreme Court of Alabama · 1959

16 more not listed; retrieve them via the Exa API.

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