Ryan v. Fulford, 1 Div. 15

CourtSupreme Court of Alabama
Writing for the CourtSIMPSON; LIVINGSTON
Citation273 Ala. 600,143 So.2d 452
PartiesTony RYAN and Emma Ryan v. James Adrian FULFORD et al. T. H. PICKRON v. James Adrian FULFORD et al. , 16.
Docket Number1 Div. 15
Decision Date12 July 1962

Page 452

143 So.2d 452
273 Ala. 600
Tony RYAN and Emma Ryan
v.
James Adrian FULFORD et al.
T. H. PICKRON
v.
James Adrian FULFORD et al.
1 Div. 15, 16.
Supreme Court of Alabama.
July 12, 1962.

[273 Ala. 601] Telfair J. Mashburn, Bay Minette, for appellants.

Wilters & Brantley, Bay Minette, for appellees.

SIMPSON, Justice.

These two cases were consolidated for trial and on appeal, since they involve the same issues of fact and law. Separate but identical decrees were rendered in favor of appellees (respondents). From these decrees complainants have appealed.

Complainants (appellants) filed separate bills of complaint to establish a boundary line between the lands of the appellants and the lands of the appellees. Appellants alleged that the boundary line between their land and the land of the appellees was the middle or division line of the LaCoste Grant, Section 6, Township 9 South, Range 3 East of St. Stephens Meridian, which is a line running north and south near the center of Section 6, from Bay John, also known as Oyster Bay, on the north to Little Lagoon on the south, parallel to and distant 2,475 feet westwardly from the east boundary line of Section 6. Complainants prayed a decree fixing the line. Respondents filed answer denying all material allegations of the bill and alleged that the west boundary line of their lands was 2,575 feet west of the east boundary line of Section 6, and that the east line of appellant's land was 2,777.94 feet east of the west boundary line of Section 6.

After hearing the evidence, all of which was heard ore tenus, the court made and entered a decree in which it found that the appellants hold title by conveyance from the heirs of John Childress; that John Childress at no time held any right, title or interest in and to any lands east of the center line of the Augustine LaCoste Grant, Section 6, Township 9 South, Range 3 East, and that therefore, the appellants

Page 453

had no title to any land east of the center line of the LaCoste Grant; the decree further ordered that the east line of appellants' land was a line 'commencing on the North bank of Little Lagoon at the one-half section of the Augustine LaCoste Grant, Section 6, Township 9 South, Range 3 East, and running North to Bay John'. The court ordered the sheriff of Baldwin County to employ a competent surveyor 'to find, determine and establish the dividing line as set out herein, and to define and identify the same by proper concrete monuments...

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7 practice notes
  • Deese v. Odom, 1 Div. 367
    • United States
    • Supreme Court of Alabama
    • January 23, 1969
    ...the properties herein involved. Other cases setting out essentially the same criteria as the above-quoted case include Ryan v. Fulford, 273 Ala. 600, 143 So.2d 452; Edwards v. Smith, 240 Ala. 397, 199 So. Appellants' next three assignments of error 7, 11 and 15 are also argued in bulk and t......
  • Johnson v. Dickerson
    • United States
    • Supreme Court of Alabama
    • October 3, 1986
    ...the trial court is under a duty to enter a decree describing and locating the boundary line with reasonable certainty. Ryan v. Fulford, 273 Ala. 600, 143 So.2d 452 (1962); Edwards v. Smith, 240 Ala. 397, 199 So. 811 (1941); Baldwin v. Harrelson, 225 Ala. 386, 143 So. 558 The circuit court i......
  • Ratliff v. Giorlando
    • United States
    • Supreme Court of Alabama
    • March 11, 1977
    ...involving a disputed boundary, it is the duty of the trial court to render a judgment establishing the true boundary. Ryan v. Fulford, 273 Ala. 600, 143 So.2d 452 (1962); Drewry v. Cowart, 250 Ala. 406, 34 So.2d 687 (1948); Edwards v. Smith, 240 Ala. 397, 199 So. 811 (1941). However, this r......
  • Isom v. Isom, 8 Div. 99
    • United States
    • Supreme Court of Alabama
    • July 12, 1962
    ...July 12, 1962. Page 456 Beasley & McCutchen, Tuscumbia, for appellant. Howell T. Heflin and Jame L. Hunt, Tuscumbia, for appellee. [273 Ala. 600] MERRILL, Appellant was the respondent in a divorce action and the final decree granted a divorce to appellee on the ground of cruelty, awarded th......
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7 cases
  • Deese v. Odom, 1 Div. 367
    • United States
    • Supreme Court of Alabama
    • January 23, 1969
    ...the properties herein involved. Other cases setting out essentially the same criteria as the above-quoted case include Ryan v. Fulford, 273 Ala. 600, 143 So.2d 452; Edwards v. Smith, 240 Ala. 397, 199 So. Appellants' next three assignments of error 7, 11 and 15 are also argued in bulk and t......
  • Johnson v. Dickerson
    • United States
    • Supreme Court of Alabama
    • October 3, 1986
    ...the trial court is under a duty to enter a decree describing and locating the boundary line with reasonable certainty. Ryan v. Fulford, 273 Ala. 600, 143 So.2d 452 (1962); Edwards v. Smith, 240 Ala. 397, 199 So. 811 (1941); Baldwin v. Harrelson, 225 Ala. 386, 143 So. 558 The circuit court i......
  • Ratliff v. Giorlando
    • United States
    • Supreme Court of Alabama
    • March 11, 1977
    ...involving a disputed boundary, it is the duty of the trial court to render a judgment establishing the true boundary. Ryan v. Fulford, 273 Ala. 600, 143 So.2d 452 (1962); Drewry v. Cowart, 250 Ala. 406, 34 So.2d 687 (1948); Edwards v. Smith, 240 Ala. 397, 199 So. 811 (1941). However, this r......
  • Isom v. Isom, 8 Div. 99
    • United States
    • Supreme Court of Alabama
    • July 12, 1962
    ...July 12, 1962. Page 456 Beasley & McCutchen, Tuscumbia, for appellant. Howell T. Heflin and Jame L. Hunt, Tuscumbia, for appellee. [273 Ala. 600] MERRILL, Appellant was the respondent in a divorce action and the final decree granted a divorce to appellee on the ground of cruelty, awarded th......
  • Request a trial to view additional results

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