Blalock v. Johnson

• Decision Date: 18 October 1951
• Docket Number: 5 Div. 518
• Citation: 256 Ala. 349,54 So.2d 611
• Parties: BLALOCK et al. v. JOHNSON.
• Court: Alabama Supreme Court

Page 611

54 So.2d 611

256 Ala. 349

BLALOCK et al. v. JOHNSON.

5 Div. 518.

Supreme Court of Alabama.

Oct. 18, 1951.

J. B. Atkinson, Clanton, for appellants.

Omar L. Reynolds and Reynolds & Reynolds, all of Clanton, for appellee. Paragraph 2 of the bill is as follows:

'2. That complainant is the owner of the following described real estate situated in Chilton County, Alabama, to-wit:

'Begin at a point 1069 feet East of the Northwest corner of NE1/4 of SW1/4, Section 13, Township 23, Range 15 East, thence run East 251 feet to the Northeast corner of said quarter section, thence South 3 degrees 30 minutes East for 231 feet to the shore line of Lay Dam Lake, thence South 20 degrees 30 minutes West along the shore line of Lay Dam Lake 107 feet, thence North 80 degrees 30' West along the shore line of Lay Dam Lake 411 feet, thence North 267 feet to the point of beginning.

'That the respondents are the owners of the following described property situated in Chilton County, Alabama:

'Beginning at a certain Black Gum tree about eight or ten inches in diameter or iron stob beside said tree, which stob and tree stand at the head of the slough on the back water of Lay Dam Lake, and from said point as a beginning point, run due West to the land line on the West side of the Northeast fourth of the Southwest fourth of Section 13, Township 23, Range 15, and thence North along the West line of said described forty acres of land to the Northwest corner of the Northeast fourth of the Southwest fourth of Section 13, Township 23, Range 15E, thence East 1069 feet along the North boundary of said forty acres of land to the property line of H. H. Pickens, and thence South along the H. H. Pickens property line about 107 feet to the shore line of the slough, and thence following the shore line of said slough, which is a part of the Lay Dam Lake to the point of beginning at head of slough; which contains nine acres, more or less, situated in the Northeast fourth of the Southwest fourth, Section 13, Township 23 Range 15. It is understood and agreed that the original road across the above described land to the property of H. H. Pickens must be kept open.'

Amended paragraph 4 is as follows:

'Paragraph 4. The complainant further avers that there is a dispute as to the correct location of the true boundary line dividing the lands of the complainant from the lands of the respondents and that said true boundary line dividing the lands of the complainant from the lands of the respondents is the line lying on the West and Southwest side of the complainant's land and being a line running North 80 degrees 30 minutes West along the shore line of Lay Dam Lake 411 feet, thence North 267 feet to the point of beginning, of the property described in Paragraph 2 of this bill as amended.'

The following is a map of the lands involved:

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

SIMPSON, Justice.

Bill to settle a disputed boundary line between coterminous landowners, pursuant to Chapter 2, Article 1, Title 47, Code 1940. The defendants appeal from a decree overruling demurrer to the bill as amended.

The requisites of such a bill are well understood. The bill must show a dispute between the adjoining proprietors as to the correct line and ordinarily the true line should be described or it should be alleged that the true line is unknown. Mobile County v. Taylor, 234 Ala. 167, 174 So. 301; Baldwin v. Harrelson, 225 Ala. 386, 143 So. 558; Smith v. Cook, 220 Ala. 338, 124 So. 898.

The bill as amended satisfies these requisites. It shows that the complainant is the owner of certain described lands in Chilton County, describing the same by metes and bounds, courses and distances, and that the defendants own lands adjoining, describing these lands in the same manner. It is then...