Goodman v. Carroll, 4 Div. 896

CourtSupreme Court of Alabama
Writing for the CourtMcCLELLAN, J.
Citation205 Ala. 305,87 So. 368
Docket Number4 Div. 896
Decision Date10 February 1921
PartiesGOODMAN v. CARROLL et al.

87 So. 368

205 Ala. 305

GOODMAN
v.
CARROLL et al.

4 Div. 896

Supreme Court of Alabama

February 10, 1921


Appeal from Circuit Court, Coffee County; A.B. Foster, Judge.

Bill by F.E. Carroll and others against Mattie Goodman to fix and locate a disputed boundary line. From a decree overruling demurrers to the bill, respondent appeals. Reversed and remanded.

W.W. Sanders, of Elba, for appellant.

J.A. Carnley, of Elba, for appellees.

McCLELLAN, J.

Subdivision 5 of Code 1907, § 3052, reads:

"The powers and jurisdiction of courts of chancery extend-- *** 5. To establish and define uncertain or disputed boundary lines."

This subdivision is new to the Code of 1907. At the time this Code was adopted it had been pronounced, upon abundant authority, in Ashurst v. McKenzie, 92 Ala. 484, 487, 9 So. 262, and reiterated in Guice v. Barr, 130 Ala. 570, 30 So. 563, that the jurisdiction of chancery "to establish disputed boundaries is [was] ancient and well defined," that this jurisdiction did "not arise upon any mere dispute as to the location of the boundary between adjacent parcels of land, or even upon a mere dispute as to such location of a confused or obliterated line," and that in order to justify interposition by a court of equity "there must in addition to all this be some special ground of equitable interposition" (italics supplied), illustrating some of the special grounds that would serve the purpose of invoking this ancient and well-defined jurisdiction to establish boundaries. [87 So. 369]

Such was the definition of this phase of equity's powers when subdivision 5 of section 3052 of the Code of 1907 was incorporated in the body of our statutory laws; the Legislature phrasing the subdivision in practically the exact terms in which this ancient jurisdiction of equity had been expressed or defined. The principles of equity were and are, unless changed by statute or unsuited to our institutions, a part of the common law. Pennock's Estate, 20 Pa. 268, 59 Am.Dec. 718; 12 C.J. pp. 183, 188-192, inclusive.

Code 1907, § 12--its provisions becoming for the first time a part of our statutory system coincidentally with the adoption of the provisions of subdivision 5 of section 3052--provides:

"The common law of England, so far as it is not inconsistent with the Constitution, laws, and institutions of this state, shall, together with such institutions and laws be the rule of decisions, and shall continue in force, except as from time to time it may be altered or repealed by the Legislature."

Among the accepted rules of statutory construction, here as well as generally elsewhere, are these:

The presumption is that "the Legislature does not intend to make any alteration in the law beyond what it explicitly declares, either in express terms or by unmistakable implication; *** that it is in the last degree improbable that the Legislature would overthrow fundamental principles infringe rights, or depart from the general system of law
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20 practice notes
  • Alabama State Federation of Labor, Local Union No 103, United Brotherhood of Carpenters and Joiners of America v. Adory, No. 588
    • United States
    • United States Supreme Court
    • June 11, 1945
    ...rel. City of Mobile v. Board, 180 Ala. 489, 501, 61 So. 368; cf. Duncan v. Rudulph, 245 Ala. 175, 176, 16 So.2d 313; Goodman v. Carroll, 205 Ala. 305, 87 So. 368; Cloverdale Homes v. Town of Cloverdale, 182 Ala. 419, 62 So. 712, 47 L.R.A., N.S., 607. State courts, when given the opportunity......
  • Donahue v. Warner Bros. Pictures, No. 4208.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • February 16, 1952
    ...114 Vt. 186, 42 A.2d 416, 418, 159 A.L.R. 622; Los Angeles County v. Frisbie, 19 Cal.2d 634, 122 P.2d 526, 532; Goodman v. Carroll, 205 Ala. 305, 87 So. 368, 369; Pritchard Petroleum Co. v. Farmers Co-op. Oil & Sup. Co., 121 Mont. 1, 190 P.2d 55, 62, 63; 50 Am.Jur., Statutes, § 346, pp. 21 ......
  • State ex rel. Sorensen v. Farmers' State Bank of Polk, No. 27377.
    • United States
    • Supreme Court of Nebraska
    • July 17, 1931
    ...St. Rep. 381. This conclusion is in accord with the unanimous judicial opinion throughout the nation. 12 C. J. 183; Goodman v. Carroll, 205 Ala. 305, 87 So. 368;Continental Guaranty Corporation v. People's Bus Line, 1 W. W. Harr. (31 Del.) 595, 117 A. 275;Campbell v. Colorado Coal & Iron Co......
  • Snodgrass v. Snodgrass, 8 Div. 568.
    • United States
    • Supreme Court of Alabama
    • October 23, 1924
    ...was beyond the purview of section 3052, subd. 5, of the Code, or amendment thereof by General Acts 1923, p. 764. Goodman v. Carroll, 205 Ala. 305, 87 So. 368; Lee v. Dunn, 205 Ala. 689, 89 So. 55; Jasper v. Eddins, 208 Ala. 431, 94 So. 516. There is much evidence as to whether mutual mistak......
  • Request a trial to view additional results
20 cases
  • Alabama State Federation of Labor, Local Union No 103, United Brotherhood of Carpenters and Joiners of America v. Adory, No. 588
    • United States
    • United States Supreme Court
    • June 11, 1945
    ...rel. City of Mobile v. Board, 180 Ala. 489, 501, 61 So. 368; cf. Duncan v. Rudulph, 245 Ala. 175, 176, 16 So.2d 313; Goodman v. Carroll, 205 Ala. 305, 87 So. 368; Cloverdale Homes v. Town of Cloverdale, 182 Ala. 419, 62 So. 712, 47 L.R.A., N.S., 607. State courts, when given the opportunity......
  • Donahue v. Warner Bros. Pictures, No. 4208.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • February 16, 1952
    ...114 Vt. 186, 42 A.2d 416, 418, 159 A.L.R. 622; Los Angeles County v. Frisbie, 19 Cal.2d 634, 122 P.2d 526, 532; Goodman v. Carroll, 205 Ala. 305, 87 So. 368, 369; Pritchard Petroleum Co. v. Farmers Co-op. Oil & Sup. Co., 121 Mont. 1, 190 P.2d 55, 62, 63; 50 Am.Jur., Statutes, § 346, pp. 21 ......
  • State ex rel. Sorensen v. Farmers' State Bank of Polk, No. 27377.
    • United States
    • Supreme Court of Nebraska
    • July 17, 1931
    ...St. Rep. 381. This conclusion is in accord with the unanimous judicial opinion throughout the nation. 12 C. J. 183; Goodman v. Carroll, 205 Ala. 305, 87 So. 368;Continental Guaranty Corporation v. People's Bus Line, 1 W. W. Harr. (31 Del.) 595, 117 A. 275;Campbell v. Colorado Coal & Iron Co......
  • Snodgrass v. Snodgrass, 8 Div. 568.
    • United States
    • Supreme Court of Alabama
    • October 23, 1924
    ...was beyond the purview of section 3052, subd. 5, of the Code, or amendment thereof by General Acts 1923, p. 764. Goodman v. Carroll, 205 Ala. 305, 87 So. 368; Lee v. Dunn, 205 Ala. 689, 89 So. 55; Jasper v. Eddins, 208 Ala. 431, 94 So. 516. There is much evidence as to whether mutual mistak......
  • Request a trial to view additional results

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