The defendant, within pleading time or within 30 days before the case is called for trial and after notice to the plaintiff or his attorney of record of his purpose so to do, may file his suggestion in writing that the action arises over a disputed boundary line, in which suggestion he shall describe the location of the true line, and the court or jury trying the issue shall ascertain the true location of the boundary line, and judgment shall be entered accordingly, and shall order the sheriff to establish and mark the true line as ascertained; and, in such case, the costs shall be apportioned justly and equitably. A single judgment on such issue of the location of the true boundary line shall bar another action for the location of the same boundary line.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533; Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)
Notes of Decisions
Cited in
4
cases, 1983–2001 · leading case:
Ex Parte Taylor, 828 So. 2d 883 (Ala. 2001).
Ex Parte Taylor, 828 So. 2d 883 (Ala. 2001).
· cites it 4× “He then relegated the trespass claim to the jury for it to decide the nonequity issues of whether the nonowners had trespassed upon the property and, if they had trespassed, how and how much they had trespassed and what damages should be assessed.”
Karrh v. Willis, 544 So. 2d 921 (Ala. 1989).
· cites it 2× “On appeal, the Karrhs contend that the case should not be governed by § 6-6-285; thus, they do not claim to have provided the trial court with a description of the true line other than that they wanted the fence to be the line.”
Crane v. Harvella, 455 So. 2d 13 (Ala. Civ. App. 1983).
“§ 6-6-285, Code of Alabama 1975. Furthermore, there was no evidence presented of a boundary line encompassing the averred garage and shed from which the jury could have based a verdict finding for the Defendants on a claim of adverse possession to less than the entirety of the…”
Knox v. Criddle, 529 So. 2d 969 (Ala. 1988).
· cites it 3× “ty in dispute “lies in the Southeast Quarter of the Northeast Quarter of Section 33, Township 19, Range 15, Autauga County, Alabama; (2) concluded that the jury ascertained the true boundary lines of the property in dispute; and (3) concluded that the jury's verdict is…”
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treatment. Dots show Syfertize treatment of the citing case itself.