Rudulph v. Corte

• Decision Date: 27 May 1983
• Citation: 433 So.2d 458
• Parties: John Barratt RUDULPH v. Julio CORTE, Jr. 81-602.
• Court: Alabama Supreme Court

Page 458

433 So.2d 458

John Barratt RUDULPH v. Julio CORTE, Jr.

81-602.

Supreme Court of Alabama.

May 27, 1983.

John Earle Chason of Chason & Chason, Bay Minette, for appellant.

J. Connor Owens, Jr., of Owens & Simpson, Bay Minette, for appellee.

ALMON, Justice.

A boundary line dispute brought these parties to court. After John Barratt Rudulph placed markers along what he considered his east property line, Julio Corte, Jr., filed this action to have the court determine his west property line. The court fixed the line as advocated by Mr. Corte, thereby encroaching on the property Mr. Rudulph thought he owned. Mr. Rudulph appeals.

The property in question is bayfront property on Bear Point, in Baldwin County, Alabama. Both parties trace their title to E.L. Higdon. Higdon conveyed two parcels to N.B. Rudulph (Mr. Rudulph's uncle) in 1918. Higdon conveyed one parcel that Mr. Corte now owns to his father, Julio Corte, Sr., and F.C. Griffin in 1936. Higdon's heirs conveyed a larger parcel to F.C. Griffin in 1949; Mr. Corte now owns this parcel, and the border between it and Mr. Rudulph's property is the subject of this dispute: the parties agree on the point where the line begins on the bay, but Mr. Corte contends that it runs 17 1/2 degrees west of north, while Mr. Rudulph believes it runs only 12 1/4 degrees west of north. At the rear of the property the line advocated by Mr. Corte and determined by the trial court is about 93 feet west of the line as Mr. Rudulph views it. (See Appendix.)

The property description in the deed to N.B. Rudulph reads:

"That certain piece or parcel of land located in the northwest quarter of the northeast quarter, section two (2) township nine south (9-S), Range five east, (5E) on Bear Point, fronting Southward seventy five (75) feet on Bay Oronoco and extending back northwardly of uniform width three hundred (300) feet, more particularly described as beginning at a pine tree on the northern margin of Bay Oronoco and running northwardly 17 1/2 degrees west 300 feet; thence westwardly 17 1/2 degrees south, 75 feet; thence southwardly 17 1/2 degrees east 300 feet; thence eastwardly 17 1/2 degrees north, 75 feet to the point of beginning, being part of the land known as the Samuel Suarez grant, and heretofore owned by J.M. Danley, Lemuel Walker Sr., and grantor E.L. Higdon, by whom said land was occupied as a residence.

"Also,

"That certain lot or parcel of land beginning at a pine stump on the margin of Bay Oronoco and at the southeast corner of my above described lot and running 1320 feet north 17 1/2 degrees west, thence 330 feet east 17 1/2 degrees north, thence 1320 feet south 17 1/2 degrees east, to the said Bay Oronoco; thence 330 feet west, 17 1/2 degrees south to the place of beginning. This lost being a part of the northwest quarter of the northeast quarter of section two (2) in township nine south (9S) of range five east (5E) and containing ten (10) acres. This lot is known as a part of the Samuel Suarez grant and was owned in turn by Jas. M. Danley, Wilmer Walker and H.M. Low, being the Ten (10) acres adjoining the above described property on the east, together with all improvements, rights, fixtures and appurtenances thereunto belonging or in anywise appertaining."

In July 1936, Higdon conveyed to Julio Corte, Sr., and F.C. Griffin the following piece of property:

"From the northwest corner of section 2, township 9 south, range 5 east, run east 1409 feet to a stake on the township line; thence run south 12 degrees 15 minutes east 604 feet to a very large pine stump on the beach; thence north 64 degrees 15 minutes east 530 feet to a stake on the beach at approximate high water mark; thence north 17 degrees 30 minutes west 300 feet to a corner; thence north 64 degrees 15 minutes east 112 feet to a corner; thence south 17 degrees 30 minutes east to a corner on the beach; thence south 64 degrees 15 minutes to the point of beginning; also that land lying between the lands above described and Bay Oronoco enclosed within the above East and West lines extended to the Bay; RESERVING, however, a passageway along the bay in front of the said lands.

"Also a right and easement for ingress and egress to and from the said lands over and along a 30 foot strip lying immediately East of the East line of the lands above described to intersect with a 40 foot right of way extending north from the northeast corner of this property to the public road now used, and also a right of way and easement along a 40 foot strip of land lying immediately north of the north line of the lands above described."

This parcel is 200 feet east of Rudulph's east line and only runs 300 feet back from the bay, whereas Rudulph's runs 1320 feet. Higdon conveyed two 100-by-300-foot parcels between Rudulph and Corte and Griffin: one to Eula Belle Baldwin in September 1936 and one to F.W. Hare on December 10, 1938. Hare's lot adjoined Rudulph to the east and Baldwin's lot lay between Hare and Corte and Griffin. Each of these deeds runs lines north 17 degrees 30 minutes west 300 feet back from a stake on the bay. These deeds also refer to a forty foot easement or street bordering the lots on the north.

On June 10, 1949, Higdon's heirs conveyed to F.C. Griffin a parcel described as follows:

"From the Northwest corner of Section 2, Township 9 South, Range 5 East, run East 1409 feet to a stake on the Township line, thence run South 12? 15' East 604 feet to a very large pine stump on the Griffin and his wife conveyed an undivided one-half interest in this property to Julio Corte (presumably Sr.) on July 13, 1949. On April 21, 1976, Griffin's widow conveyed her interest in the property to Julio Corte, Jr. On December 18, 1976, she executed a correction deed to Mr. Corte describing the west border as running from the highway south 17 degrees 30 minutes 650 feet, rather than 630 feet, as in the earlier deeds. This would take the property all the way to the north edge of the forty foot street mentioned in the Hare, Baldwin, and Corte and Griffin deeds.

beach, thence North 64? 15' East 642 feet to a stake on the beach at approximate high water mark, being the Southeast corner of the lot heretofore conveyed by E.L. Higdon and wife, to Julio Corte and F.C. Griffin by deed dated July 9, 1936, ... the point of beginning of the land hereby conveyed, thence North 64? 15' east 30 feet to a point, on the beach at high water mark, thence North 17? 30' West 990 feet, more or less to a point, on the south margin of highway # 160, thence...