74 So. 238 | Ala. | 1917
“The defendant disclaims possession of the land sued for, and suggests that the suit arises over a disputed boundary line.. The court then made up the issue as to where the true boundary lines between the lands of the plaintiff and defendant, it appearing that the plaintiff owns the N. W. ¼ of N. W. 1/4 of section 31, township 1, and range 27, and that the defendant owns the S. W. % of S. W. 1/4 of section 30, township 1, range 27. Thereupon came a jury of good and lawful men, to-wit, M. M. Wade, foreman, and 11 others, who upon their oaths do say: ‘We, the jury, find the true line between the N. V/. 1/4 of N. W. 1/4 of section 31, township 1, range 27, and the S. W. % of S. W. 1/4 of section 30, township 1, range 27, to be the line beginning on the range line between ranges 26 and 27 on the west side of N. W. 14 of N. W. 14 of section 31, township 1, range 27, where Travis Mixon, on November 5, 1915, drove or put down a light wood stob, or stake thence running south 1 degree 22i/¿ minutes east.’ It is therefore considered and adjudged by the court that the plaintiff, Travis Mixon, have and recover of the defendant, Thad Pennington, the lands sued for, to-wit: Beginning at a point on the range line between ranges 26 and 27 on the west side of N. W. % of N. W. 1/4 of section 31, township 1, range 27, where*76 the said Travis Mixon, on November 5, 1915, drove or put down a light wood stob or stake thence running south 1 degree and 221/4 minutes east, as found and described by the jury, together with the costs in this behalf expended, for which let writ of possession and execution issue.”
The judgment is reversed, and the cause is remanded.
Reversed and .remanded.