LIVINGSTON, Chief Justice.
Appellants, E. C. Walls and wife, filed their bill of complaint to determine the correct boundary line between their property and the property of appellee, J. W. Bennett. The disputed line is Walls' east boundary and Bennett's west boundary, which runs northerly from the half section line to the south right-of-way of the Bankhead Highway, U.S. 78.
Appellants contend that the true line is described as follows:
Appellee contends that the true line is described as:
As can be seen, the main controversy is as what point the abandoned or Jamback road "intersects" (appellants' description) or "branches off" (appellee's description) from the east-west center line of Section 19. Also, one of the calls in the Walls, Hughes, DeArman deeds was "along said abandoned roadway 75 feet more or less to the southwest corner of property now owned by J. W. Swann (the Bennett property) which point is about where said abandoned roadway intersects the East and West center line of Section 19." The location of the Swann-Bennett corner was of utmost importance and the essential issue in the case. This became largely a question of fact which the trial court resolved in favor of appellee.
Appellants' first assignment of error is that the "court below erred in the final
Bennett purchased his land in 1953, which was described in part as the John W. Swann lands. The Walls purchased their land in 1956 from Hughes. In 1954, Bennett built a house on his property near the line. Before he built, he asked his neighbor and the then owner, Hughes, to point out the line between them. Both Hughes and Bennett testified that Hughes pointed out the line and Bennett then built his house east of that line.
When appellants purchased their land from Hughes in 1956, E. C. Walls testified that Hughes showed him the line, that the Bennett house was plainly visible, that the line pointed out by Hughes was west of the Bennett house, that he did not think he was buying the house, that he did not make any claim to the house when he took the conveyance from Hughes, and that Bennett was in possession of the land he now claimed when he purchased from Hughes.
Hughes had purchased the land from the heirs of William J. DeArman, who had owned the lands prior to 1915. The deed to Hughes contained a map as an exhibit which was recorded with the deed. It is this map that furnishes the basis for the controversy. It is not disputed that the map, as drawn, places the east line of appellants' land east of the Bennett house and includes the house and a strip of land both north and south of the house. The surveyor who drew the map stated that he drew it from a prior map he had made for J. W. Swann, who had formerly owned the Bennett land. The surveyor testified on both direct and cross-examination that the map attached to the deeds was inaccurate, and Swann testified that he had called the inaccuracy in the original map to the surveyor's attention many years ago when the original had been made.
Swann testified that he purchased the Bennett land in 1915, and in 1920, William J. DeArman, the then owner of the Walls' land, showed him the line between them, that his tenants cultivated up to the line, a hedgerow, for years, that the line pointed out by DeArman continued to be the line until 1949 when he sold the land, that the line had never been disputed while he owned the land, and that the Bennett house was on the east side of that line.
The same surveyor who had made the original map for Swann, and the drawing from it which had been attached to the Walls' deed, also made the map which showed the line Bennett claimed, and which the court used for a description of the true line. He did not say this last map was inaccurate. The last map showed the line as pointed out by Swann.
After hearing the evidence with the witnesses before him, the trial court found:
In a boundary line case, we have said that "while the deeds furnished the means of locating the boundaries, their actual locations was an independent inquiry." Parkman v. Ludlum, 260 Ala. 235, 69 So.2d 434, 438.
We have also said that in determining a boundary, defined terminal points and fixed boundaries dominate over courses and distances in a description. Blalock v. Johnson, 256 Ala. 349, 54 So.2d 611.
The weight of the evidence before the trial court supported the contention of appellee as to the true location of the line. We also said in Parkman v. Ludlum, supra:
The other assignment of error charges that the court erred in sustaining objections to offers in evidence of abstracts of title to the properties of Walls and Bennett. The trial court ruled correctly. Title was not an issue. The issue was where the dividing line was between the coterminous owners. Parties to a boundary line dispute action must be coterminous owners, and equity is without jurisdiction in such a proceeding unless the complainant owns land adjoining respondent's at the disputed boundary. Elliott v. Lenoir, 263 Ala. 73, 81 So.2d 274; McNeil v. Hadden, 261 Ala. 691, 76 So.2d 160; Title 47, Sects. 2 and 3, Code of Alabama 1940.
SIMPSON, GOODWYN and COLEMAN, JJ., concur.