Holoway v. Carter

SIMPSON, Justice.

Carter, appellee, filed a bill in equity .against Holloway to establish a disputed boundary line. The trial court heard the testimony of the witnesses orally, ordered .a survey of the property, and rendered a final decree granting the appellee the relief as prayed for. From the decree the respondent has appealed.

A decree establishing a line between coterminous lands on evidence submitted ore tenus in open court is presumed to be correct. Spradling v. May, 259 Ala. 10, 65 So.2d 494. And in such a case the trial court’s conclusions will not be disturbed unless palpably…