Taylor v. Fomby
Supreme Court of Alabama
Appeal from the Circuit Court of Randolph. Tried before the Hon. E. M. Oliver, Special Judge. ’ This was a statutory action of ejectment, brought by the appellee against the appellant. The complaint claimed “that part of section 'ten,township twenty, range ten, in Randolph county, Alabama, lying west of a fence built by J. B. Taylor, on or about March 20th, 1896,” etc.
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Appeal from the Circuit Court of Randolph. Tried before the Hon. E. M. Oliver, Special Judge. ’ This was a statutory action of ejectment, brought by the appellee against the appellant. The complaint claimed “that part of section 'ten,township twenty, range ten, in Randolph county, Alabama, lying west of a fence built by J. B. Taylor, on or about March 20th, 1896,” etc. The defendant, by plea to the complaint, denied that-he was, or ever had been in the possession of any land whatsoever in said section 10, township 20, range 10, in said county, and disclaimed possession. The parties entered…
1Opinion of the CourtHaralson, J.
The 1st, 2d, 3d and 4th assignments of error are without merit. That boundaries may be proved by hearsay, and by the long acquiescence of parties in a designated boundary as being the true one, is not to be questioned. Landmarks very frequently are of perishable materials, which soon decay or are destroyed. It is important, therefore, that hearsay, if pertinent and material to the issues between the parties, should be received to establish ancient boundaries.— Boardman v. Reed, 6 Peters (U. S.) 341. It is also well settled, that if one of two adjacent landowners extend his fence so as to…
2Cases cited6 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Humes v. BernsteinSupreme Court of Alabama · 1882
- Budd v. BrookeCourt of Appeals of Maryland · 1845
- Heaton v. HodgesSupreme Judicial Court of Maine · 1836
- Bonney v. McLeodMississippi Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Edwards v. FlemingSupreme Court of Kansas · 1911
- Ivey v. CowartSupreme Court of Georgia · 1905
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1924
18 more not listed; retrieve them via the Exa API.