Rogers v. Chambers

This is a boundary dispute between coterminous land owners. Defendants James C. Rogers and Georgie B. Rogers own land that borders the land owned by plaintiff Mone Moskot Chambers on the north, west, and south. The issue is whether the northern boundary is established by a government survey line or by an existing, fence. The trial court heard ore tenus evidence on January 12, 1989, and ruled in favor of Chambers that the fence was the boundary. The Rogerses appealed. We affirm.

In Parker v. Barnes, 519 So.2d 945, 947 (Ala.1988), this Court stated:

“The trial court is entitled to a presumption…