McLester Building Co. v. Upchurch
Supreme Court of Alabama
Appeal from Tuscaloosa Chancery Court. Heard before Hon. Alfred H. Benners. Bill by A. J. Upchurch against the McLester Building Company to declare and determine a boundary line between certain lots. From a decree for complainant respondent appeals.
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Appeal from Tuscaloosa Chancery Court. Heard before Hon. Alfred H. Benners. Bill by A. J. Upchurch against the McLester Building Company to declare and determine a boundary line between certain lots. From a decree for complainant respondent appeals. The contention of appellee has been determined adversely to him in the case of Walker v. Wyman, 157 Ala. 478, which also determined the question of filing a claim of adverse possession under the Acts of 1892-3. — Ashursl v. McKinney, 92 Ala. 484; Quice v. Barr, 130 Ala. 570. Upchurch needed no color of title. — Section 1541, Code 1896. A…
1Opinion of the CourtAnderson, J.
There is no question as to the respondent’s legal title to and OAvnership of lot 162. Nor is there much doubt as to its being 165 feet deep, or that the stable of the complainant encroaches upon same several feet. The complainant’s theory is that lot 162 Avas not 165 feet deep and that the line of his stable is on the true line betAveen lots 162 and 159, or, if not the true line as per the original survey and measurements, that the line hoav claimed by him to be the true line Avas previously regarded and recognized by the joint oAvners for years and years as the true and real boundary line…
2Cases cited4 opinions
- Brown v. CockerellSupreme Court of Alabama · 1858
- Hess v. RudderSupreme Court of Alabama · 1897
- Taylor v. FombySupreme Court of Alabama · 1897
- Walker v. WymanSupreme Court of Alabama · 1908
3Cited by16 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Gibson v. GainesSupreme Court of Alabama · 1916
- James v. MizellSupreme Court of Alabama · 1972
- Barbaree v. FlowersSupreme Court of Alabama · 1940
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