Sims v. Sims

LAWSON, Justice.

Appellee, Boss Sims, filed a statutory action in the nature of ejectment in the circuit court of Etowah County against his brother, J. E. Sims.

The cause was tried by the parties and by the court, jury trial having been waived, as if the main question at issue-under the pleadings was the correct location according to government survey of the center section line dividing the East 34 from the West 14 of Section 22, Township 12, Range 8, in Etowah County.

After a considerable amount of testimony had been taken, the court at the request of the parties appointed a civil engineer to…