W. R. Withers v. C. A. Burton

STAKELY, Justice. This suit was filed in equity by C. A. Burton (appellee) against W. R. Withers (appellant), as a bill to
quiet title to certain land situated in Hale County, Alabama. By amendment the complainant seeks to have the court fix the
boundary line between the said parties as coterminous owners of the land. The suit involves a dispute over the boundary line
between their respective lands. The respondent filed an answer and prayed that his answer be taken as a cross bill. There is evidence in the case which tends to show that in 1906 one Simon Taylor became the owner of the 'Malone Place'; that
he cultivated the 'Malone Place' including the land described in the bill of complaint every year that he owned it; that Simon
Taylor owned the 'Malone Place' and cultivated the land described in the bill of complaint for more than 20 years; that for
approximately 70 years the hedgerow described as the northern boundary of the property in the bill of complaint was known
and accepted as the boundary line between the 'Malone Place' and the 'Bob Martin Place'; that appellee's chain of title goes
back to Simon Taylor, each intervening conveyance being of 78 acres known as the 'Malone Place'; that appellant's chain of
title goes back to Robert P. Martin; that the 'Malone Place' contains 78 acres only if the land described in the bill of complaint
is included in the 'Malone Place.' The deeds submitted by complainant under which he claims title each calls for '78 acres
known as the Malone Place' and being the SW 1/4 of the NE 1/4, Section 5, Township 20, Range 5, less 2 acres off of the East
side thereof; and the Southeast Quarter of the Southwest Quarter, Section 5, Township 20, Range 5.' However the land which
complainant claims in this suit lies entirely north of the land described by government survey in his deeds. The same land
was included in the deeds submitted by the defendant. The defendant showed a record title from 1881 to what is known as the
'Bob Martin Place' and assessment and payment of taxes for more than twenty years.