Mink v. Whitfield, 8 Div. 993

CourtSupreme Court of Alabama
Writing for the CourtFOSTER, J.
Citation118 So. 559,218 Ala. 334
PartiesMINK v. WHITFIELD.
Decision Date08 November 1928
Docket Number8 Div. 993

118 So. 559

218 Ala. 334

MINK
v.
WHITFIELD.

8 Div. 993

Supreme Court of Alabama

November 8, 1928


Appeal from Circuit Court, Franklin County; Charles P. Almon, Judge. [118 So. 560]

J. Foy Guin, of Russellville, for appellant.

Williams & Chenault, of Russellville, for appellee.

FOSTER, J.

The equity of the bill is justified by section 6439 et seq. and section 6465, subsec. 5, of the Code of 1923. The Code provisions have been held to confer jurisdiction without showing independent equity, and although adverse possession is claimed by defendant. Jenkins v. Raulston, 214 Ala. 443, 108 So. 47; Camp v. Dunnavent, 215 Ala. 78, 109 So. 362; Yauger v. Taylor, (Ala.Sup.) 118 So. 271.

The law of adverse possession prescribed by section 6069 of the Code, by its terms, does not apply to cases involving questions as to boundaries between coterminous owners. Copeland v. Warren, 214 Ala. 150, 107 So. 94; Byars v. Howell, 209 Ala. 191, 95 So. 871; Sanderson v. Hodges, 209 Ala. 635, 96 So. 871; Id., 213 Ala. 563, 105 So. 652; Steele v. Allen, 214 Ala. 385, 107 So. 812; Shepherd v. Scott's Chapel, 216 Ala. 193, 112 So. 914; Smith v. Harbaugh, 216 Ala. 202, 112 So. 914; Hopkins v. Duggar, 204 Ala. 626, 87 So. 103. Possession to an agreed line is presumed to be adverse. This is quite different from a case of possession to a tentative line by mistake, with no intent to claim beyond the true line. Smith v. Harbaugh, supra; Copeland v. Warren, supra.

In equity cases, the court will only consider legal evidence, regardless of whether objections were interposed, and need not discuss and recite evidence which the court holds sufficient or insufficient to support a decree from which an appeal is pending. Section 6565, Code; Ala. Bank & Trust Co. v. Jones, 213 Ala. 398, 104 So. 785; First Ave. Coal & Lbr. Co. v. Renfroe, 215 Ala. 424, 110 So. 899.

Section 7460 et seq. of the Code give a right to the value of permanent improvements to an occupant of land who has had adverse possession thereof for three years next before the commencement of suit for the recovery of it. Appellant made claim under this statute in his answer and cross-bill. The statute specifically relates to actions at law, but it creates a right under the conditions named, and a court of equity, as well as a court of law, will enforce it when necessary to grant the parties full relief. Summer v. Bingham, 210 Ala. 446, 98 So. 294. The planting of an apple orchard is held to constitute...

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24 practice notes
  • Redwine v. Jackson, 8 Div. 425
    • United States
    • Supreme Court of Alabama
    • June 30, 1950
    ...evidence, and rested his decision only upon the competent and legal evidence in the case. Section 6565, Code 1923; Mink v. Whitfield, 218 Ala. 334, 118 So. 559; Moore v. Moore, 212 Ala. 685, 103 So. 'These witnesses were not incompetent, however, as to all the facts testified to by them, su......
  • Watson v. Price
    • United States
    • Supreme Court of Alabama
    • March 3, 1978
    ...205 Ala. 313, 87 So. 370; Copeland v. Warren, 214 Ala. 150, 107 So. 94; Gunn v. Parsons, 213 Ala. 217, 104 So. 390; Mink v. Whitfield, 218 Ala. 334, 118 So. 559; Smith v. Harbaugh, 216 Ala. 202, 112 So. 914. If a coterminous landowner holds actual possession of the disputed strip under a cl......
  • Branyon v. Kirk, 8 Div. 917.
    • United States
    • Supreme Court of Alabama
    • October 5, 1939
    ...is available in a suit in equity to settle disputed boundary lines. Yauger v. Taylor, 218 Ala. 235, 118 So. 271; Mink v. Whitfield, 218 Ala. 334, 118 So. 559; Treadaway v. Hamilton, 221 Ala. 479, 129 So. 55; Smith v. Cook, 220 Ala. 338, 124 So. 898; Clarke v. Earnest, 224 Ala. 165, 139 So. ......
  • McNeil v. Hadden, 4 Div. 737
    • United States
    • Supreme Court of Alabama
    • November 18, 1954
    ...205 Ala. 313, 87 So. 370; Copeland v. Warren, 214 Ala. 150, 107 So. 94; Gunn v. Parsons, 213 Ala. 217, 104 So. 390; Mink v. Whitfield, 218 Ala. 334, 118 So. 559; Smith v. Harbaugh, 216 Ala. 202, 112 So. 914. If a coterminous landowner holds actual possession of the disputed strip under a cl......
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24 cases
  • Redwine v. Jackson, 8 Div. 425
    • United States
    • Supreme Court of Alabama
    • June 30, 1950
    ...evidence, and rested his decision only upon the competent and legal evidence in the case. Section 6565, Code 1923; Mink v. Whitfield, 218 Ala. 334, 118 So. 559; Moore v. Moore, 212 Ala. 685, 103 So. 'These witnesses were not incompetent, however, as to all the facts testified to by them, su......
  • Watson v. Price
    • United States
    • Supreme Court of Alabama
    • March 3, 1978
    ...205 Ala. 313, 87 So. 370; Copeland v. Warren, 214 Ala. 150, 107 So. 94; Gunn v. Parsons, 213 Ala. 217, 104 So. 390; Mink v. Whitfield, 218 Ala. 334, 118 So. 559; Smith v. Harbaugh, 216 Ala. 202, 112 So. 914. If a coterminous landowner holds actual possession of the disputed strip under a cl......
  • Branyon v. Kirk, 8 Div. 917.
    • United States
    • Supreme Court of Alabama
    • October 5, 1939
    ...is available in a suit in equity to settle disputed boundary lines. Yauger v. Taylor, 218 Ala. 235, 118 So. 271; Mink v. Whitfield, 218 Ala. 334, 118 So. 559; Treadaway v. Hamilton, 221 Ala. 479, 129 So. 55; Smith v. Cook, 220 Ala. 338, 124 So. 898; Clarke v. Earnest, 224 Ala. 165, 139 So. ......
  • McNeil v. Hadden, 4 Div. 737
    • United States
    • Supreme Court of Alabama
    • November 18, 1954
    ...205 Ala. 313, 87 So. 370; Copeland v. Warren, 214 Ala. 150, 107 So. 94; Gunn v. Parsons, 213 Ala. 217, 104 So. 390; Mink v. Whitfield, 218 Ala. 334, 118 So. 559; Smith v. Harbaugh, 216 Ala. 202, 112 So. 914. If a coterminous landowner holds actual possession of the disputed strip under a cl......
  • Request a trial to view additional results

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