Williams v. Clark

SIMPSON, Justice.

This appeal comes to us from the Circuit Court of Chambers County, in Equity, wherein that court settled a boundary line dispute between coterminous owners in favor of the appellee. The record is incomplete in that it does not contain the testimony of witnesses heard by the judge in open court and relied upon by him in his final decree.

Where no testimony is contained in the record, a decree which recites that it was granted on the pleadings, proofs, and testimony of witnesses will not be disturbed on appeal. Collins v. Loval, 56 Ala. 403. Further, it will be presumed that the…