Appeal from a final decree in equity denying relief sought by the bill of complaint. The relief prayed for was that a boundary line dispute between the parties be settled, that respondent be enjoined from maintaining or using a wall to a building which allegedly encroached upon complainants' lot, and for damages for the alleged encroachment.
Appellee filed a motion to dismiss the appeal for failure to comply with Tit. 7, § 804, Code 1940, in that the record fails to show notice of the appeal to Annie Jordan Morrison, one of the complainants below.
The pertinent part of the statute reads:
The sole complainant in the original bill of complaint was George R. Morrison. The bill was amended "by adding the name of Annie Jordan Morrison as a party complainant," and the amendment alleged that the complainants were the joint owners and possessors of the lot on which the alleged
All the pertinent recitals in the record show that the appeal was taken by George R. Morrison only. The security for costs is not signed by Annie Jordan Morrison; the certificate of appeal shows an appeal by George R. Morrison only, and the notice or citation of appeal reads in part:
The record does not disclose that Annie Jordan Morrison has been notified of this appeal. She has not been brought in by order of this court nor has she joined in the assignments of error or otherwise waived the notice. Matthews v. Donald, 263 Ala. 575, 83 So.2d 291, 293. Yet, we are requested to decide questions concerning land in which she apparently owns a one-half interest. As stated in Matthews v. Donald, supra:
The motion to dismiss the appeal must be granted.
LIVINGSTON, C. J., and LAWSON and STAKELY, JJ., concur.