Whiddon v. White

This is an appeal from a final decree, in equity, establishing a boundary line between land of appellants and that of appellees. Title 47, § 3, Recompiled Code of Alabama, 1958. The issues were submitted to a jury, to which neither of the parties was entitled as a matter of right. Lucas v. Scott, 247 Ala. 183, 24 So.2d 540. The trial court, exercising its judicial prerogative, submitted the issues of fact to a jury for the purpose of “enlightening its conscience.” White v. Berrey, 266 Ala. 379, 96 So.2d 725. The jury returned a verdict in favor of appellees (respondents).

The jury verdict was…