133 So. 586 | Ala. | 1931
The bill was to establish a disputed boundary line between coterminous and contiguous landowners.
The statutes having application are sections 6439, 6440, Code; Acts 1923, p. 764; and recent constructions thereof are found in Yauger v. Taylor,
In respondent's answer are the following averments:
"The respondent admits that the complainant is the owner of the NW 1/4 of the NW 1/4 of Sec. 16, T. 17, R. 15 West in Lamar County, Alabama, and that the respondent, D. W. Cunningham, owns and is in possession of the SW 1/4 of SW 1/4 of Sec. 9, T. 17, R. 15 West in Lamar County, Alabama, but that respondent denies that he is trespassing on any lands belonging to the complainant, but on the contrary avers that he is the owner and has been in possession of the land which is the subject of this controversy for more than twenty years, that such possession has been with the consent of the complainant, and has been open, notorious, hostile, undisputed, continuous, adverse, against the claims of all persons *554 and with the knowledge of the complainant, and that the boundary line claimed by the respondent, D. W. Cunningham, is the true and correct boundary line of the lands owned by the parties to this suit and has been regarded and accepted as such for a period of more than twenty years."
We have carefully considered the record and evidence disclosed thereby, and find no reversible error in the decree deciding the controverted issue of fact and establishing the ancient line as so held and regarded as the true line between coterminous owners for twenty-five or thirty years. Spragins v. Fitcheard,
Affirmed.
ANDERSON, C. J., and SAYRE and BROWN, JJ., concur.
