SMITH v. CLAYBROOK

SC 1465.

349 So.2d 1087 (1977)

Frank J. SMITH et al. v. Sarah CLAYBROOK.

Supreme Court of Alabama.

Rehearing Denied September 30, 1977.


Attorney(s) appearing for the Case

W. O. Kirk, Jr., of Curry & Kirk, Carrollton and J. Russell Gibson, III, of Phelps, Owens & Jenkins, Tuscaloosa, for appellants.

C. O. Burkhalter, Gordo and Edward F. Morgan, Tuscaloosa, for appellee.


MADDOX, Justice.

This is a boundary dispute between coterminous landowners concerning a strip of land approximately 150' X 770', but irregular in width. Plaintiff, Sarah Claybrook, claims the area by deed and by will. She has made all the tax payments on the property in question. Defendants, Frank Smith and Kenneth E. Smith, who are uncle and nephew, claim the area by adverse possession. The lower court heard the case, and upon the advice of the jury, found in favor...

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