544 So. 2d 921 | Ala. | 1989
D. Pruitt Willis and Billie Gaye Willis filed this action against Thomas M. Karrh and Jackie Y. Karrh, alleging that the Karrhs were encroaching upon 2.07 acres of land owned by the Willises. After all the evidence was presented at trial, the court granted the Willises' motion for a directed verdict. The Karrhs appealed and now contend that this action was an equitable boundary line dispute and that the trial judge erred in directing a verdict for the Willises. The Willises maintain that this action was one for ejectment and that the trial court properly granted the motion for a directed verdict.
Ala. Code 1975, §
"An action for the recovery of land or the possession thereof in the nature of an action in ejectment may be maintained without a statement of any lease or demise to the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if it alleges that the plaintiff was possessed of the premises or has legal title thereto, properly designating or describing them, and that the defendant entered thereupon and unlawfully withholds and detains the same."
The Willises' complaint in this case stated in part:
"2. Plaintiffs own and are in possession of the North Half of the North Half of the Southwest Quarter of Section 12, Township 18, Range 15, Autauga County, Alabama, more fully described in that deed from Rosetta T. Yarbrough dated 26th day of October, 1984 and recorded in the Office of the Judge of Probate of Autauga County, Alabama in RLPY Book 68 at page 400, a copy attached herewith as Exhibit 'A'.
". . . .
"5. Defendants are encroaching on the Plaintiffs' land and they have acquired and fenced some 2.07 acres which they claim to be a fence line as shown by the attached exhibit and now claim that this fence is the boundary line and thereby [have] created a dispute as to the actual and true boundary line. Plaintiffs and Plaintiffs' predecessor in title have demanded of the Defendants that they remove their fence and [refrain] from further trespass upon Plaintiffs['] land. . . .
". . . .
"WHEREFORE, the premises considered, the Plaintiffs demand judgment against the Defendants as follows:
"(a) That the Court will find and enter a judgment that the survey line between Plaintiff and Defendant, as surveyed by Larry E. Speaks, is the true and correct line. Will cause the line to be permanently marked and made a judicial line according to law.
"(b) That the Defendants will be ordered and required by the Court to remove their fence and will be enjoined from further trespass on the Plaintiffs' land and from further [interference] with the Plaintiffs' use and enjoyment of their property."
The Karrhs contend that the Willises' complaint states only an equitable action for determination of a boundary line. We are of the opinion that the above quoted portions of the complaint, while not perfectly drafted, do meet the requirements of §
Ejectment is a favored action for the trial of title to land.Lee v. Jefferson,
In this case, the Willises sufficiently alleged an action of ejectment under §
Section
Because this action was properly treated as an action in the nature of an ejectment under §
For the above reasons, the judgment of the trial court based on the directed verdict is affirmed.
AFFIRMED.
HORNSBY, C.J., and ALMON, ADAMS and STEAGALL, JJ., concur.