Wood v. Foster

THOMAS, Justice.

The purpose of the bill was to invoke the jurisdiction of a court of equity under the provisions of the statute (Code, § 6439 et seq.) to establish an ancient and agreed dividing line between cotei'minous- landowners.

The statute has been recently construed and applied in Yauger v. Taylor, 218 Ala. 235, 118 So. 271; Smith et al. v. Cook, 220 Ala. 338, 124 So. 898; Clarke v. Earnest, 224 Ala. 165, 139 So. 223; Camp v. Dunnavent, 215 Ala. 78, 109 So. 362.

It is suggested by appellant that, where the evidence is by depositions and affidavits, not given orally in open court, no…