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LOWERY v. SMITH

SC 19.

268 So.2d 762 (1972)

J. M. LOWERY et al. v. R. Rush SMITH and Jackie Smith.

Supreme Court of Alabama.

November 9, 1972.

Attorney(s) appearing for the Case

John S. Tucker, Jr., Birmingham, for appellants.

Nash, NeSmith & Walker, Oneonta, for appellees.

MADDOX, Justice.

Appellants, J. M. Lowery, Grace Reeves and Chester and Grace Reeves, filed individual suits to settle a boundary line dispute between them and R. Rush Smith and Jackie Smith twelve years ago.1 Various pleadings were filed but the case was not brought to trial. In 1966, the court entered an order of consolidation and appointed a surveyor, ordering the costs of the survey to be "taxed as cost in this case, to be paid as...

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