89 So. 55 | Ala. | 1921
This is a bill for the establishment of a boundary line; the only averment as to this feature being found in paragraph 2, wherein it is alleged that the line between the lands of the parties is disputed by the defendant.
The bill was filed under subdivision 5 of section 3052, Code of 1907, under the theory that by virtue of this subdivision courts of equity would assume jurisdiction to establish disputed boundary lines under all circumstances, regardless of the limitations as to jurisdiction set up in the decisions of this court, among them Ashurst v. McKenzie,
In the very recent case of Goodman v. Carroll, present term,
The decree is therefore reversed, and the cause remanded.
Reversed and remanded.
ANDERSON, C. J., and SAYRE and MILLER, JJ., concur.