Turner v. De Priest, 4 Div. 897

CourtSupreme Court of Alabama
Writing for the CourtTHOMAS, J.
Citation87 So. 370,205 Ala. 313
Decision Date10 February 1921
Docket Number4 Div. 897
PartiesTURNER v. DE PRIEST

87 So. 370

205 Ala. 313

TURNER
v.
DE PRIEST

4 Div. 897

Supreme Court of Alabama

February 10, 1921


Appeal from Circuit Court, Crenshaw County; A.E. Gamble, Judge.

Bill by J.V.G. De Priest against John W. Turner to establish a disputed boundary line. From a decree overruling demurrers to the bill, respondent appeals. Affirmed.

Frank B. Bricken, of Luverne, for appellant.

Lane & Lane and Powell & Hamilton, all of Greenville, for appellee.

THOMAS, J.

The bill to establish an uncertain or disputed boundary line between the lands of coterminous owners was filed under the statute.

The statutory provisions are: "The powers and jurisdiction of courts of chancery extend" to the first four causes long embraced in the statute, and to the new provisions of subdivision 5, "To establish and define uncertain or disputed boundary lines," this latter subdivision being inserted by the Code commissioner. Code 1907, § 3052.

The powers and jurisdiction of chancery courts were extended by statute (long prevailing in this state) to civil causes in which a plain and adequate remedy at law is not provided; to granting relief in cases founded on a gambling consideration; to subjecting an equitable title or claim to real estate to the payment of debts; and "to such other cases as may be provided by law." Code 1896, §§ 638 (720) (616) (698) (602). This court had held that the jurisdiction of courts of equity extended to the establishment of disputed boundaries, and that the jurisdiction is ancient and well-defined, but did not extend to every case of disputed boundary, or every case where the boundary has become confused or obliterated, unless some special ground of equitable interposition is shown, predicated on the fraud or neglect of duty of the defendant, whereby the confusion or obliteration has resulted. Ashurst v. McKenzie, 92 Ala. 484, 487, 9 So. 262; Wadsworth v. Goree, 96 Ala. 227, 10 So. 848; Guice v. Barr, 130 Ala. 570, 30 So. 563; Hays v. Bouchelle, 147 Ala. 212, 41 So. 518, 119 Am.St.Rep. 64; Gulf Red Cedar Co. v. Crenshaw, 148 Ala. 343, 351, 42 So. 564.

When the section concerning the jurisdiction and powers of chancery courts was rewritten for the Code of 1907, the new provision to establish and define uncertain or disputed boundary lines was incorporated. In Billups v. Gilbert, 195 Ala. 518, 70 So. 145, the parties to a suit to "define boundary" had entered into a consent decree fixing the boundary and providing for commissioners to lay it out, but this decree made no provision [87 So. 371] for a report by the commissioners of the data or evidence upon which they acted. Held that such report as to the true line could not be revised by this court in the absence of evidence of fraud. It was there insisted for appellant that the chancery court was without rightful power, under the definition of its jurisdiction in Code, § 3052, to try and determine title to land adverse to the decisions under the former statute, saying:

"Under the accepted practice in equity to accord full decision in a cause where jurisdiction for a related purpose exists or has been acquired; for 'there is no want of power in a court of equity to determine titles to lands.' *** Whatever may be the proper interpretation and effect of the addition of subdivision 5 to Code, § 3052, when considered in the light of the two conditions the provision of that subdivision was doubtless intended to meet or to affect, the consent decree *** did not comprehend the trial or determination of any controverted question of title to the lands, the boundary of which, on one side, was involved."

Thus the question now presented for decision was unnecessary to a decision in Billups v. Gilbert, supra....

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21 practice notes
  • Watson v. Price
    • United States
    • Supreme Court of Alabama
    • March 3, 1978
    ...location, the possession is presumed adverse, and after ten years has the effect of fixing such line as the true one. Turner v. DePriest, 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 ......
  • Snodgrass v. Snodgrass, 8 Div. 568.
    • United States
    • Supreme Court of Alabama
    • October 23, 1924
    ...not be disregarded when the controversy takes the form of establishing a disputed boundary of lands in chancery. In Turner v. De Priest, 205 Ala. 313, 87 So. 370, it is said: "This court had held that the jurisdiction of courts equity extended to the establishment of disputed boundaries, an......
  • McNeil v. Hadden, 4 Div. 737
    • United States
    • Supreme Court of Alabama
    • November 18, 1954
    ...location, the possession is presumed adverse, and after ten years has the effect of fixing such line as the true one. Turner v. DePriest, 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 ......
  • Smith v. Cook, 8 Div. 83.
    • United States
    • Supreme Court of Alabama
    • October 24, 1929
    ...location, the possession is presumed adverse, and after ten years has the effect of fixing such line as the true one. Turner v. De Priest, 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......
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21 cases
  • Watson v. Price
    • United States
    • Supreme Court of Alabama
    • March 3, 1978
    ...location, the possession is presumed adverse, and after ten years has the effect of fixing such line as the true one. Turner v. DePriest, 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 ......
  • Snodgrass v. Snodgrass, 8 Div. 568.
    • United States
    • Supreme Court of Alabama
    • October 23, 1924
    ...not be disregarded when the controversy takes the form of establishing a disputed boundary of lands in chancery. In Turner v. De Priest, 205 Ala. 313, 87 So. 370, it is said: "This court had held that the jurisdiction of courts equity extended to the establishment of disputed boundaries, an......
  • McNeil v. Hadden, 4 Div. 737
    • United States
    • Supreme Court of Alabama
    • November 18, 1954
    ...location, the possession is presumed adverse, and after ten years has the effect of fixing such line as the true one. Turner v. DePriest, 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 ......
  • Smith v. Cook, 8 Div. 83.
    • United States
    • Supreme Court of Alabama
    • October 24, 1929
    ...location, the possession is presumed adverse, and after ten years has the effect of fixing such line as the true one. Turner v. De Priest, 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......
  • Request a trial to view additional results

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