SMITH v. GASTON

2080005.

25 So.3d 1158 (2009)

Daniel Richard SMITH v. Robbie GASTON.

Court of Civil Appeals of Alabama.

June 12, 2009.


Attorney(s) appearing for the Case

Mitchell D. Hays, Tuscumbia, for appellant.

Brian Hamilton of McDowell, Beason & Hamilton, P.C., Russellville, for appellee.


BRYAN, Judge.

This is the second time this boundary-line dispute between Daniel Richard Smith and Robbie Gaston has been before this court. See Smith v. Gaston, 1 So.3d 1043 (Ala.Civ.App.2008). We reverse and remand.

In Smith, we stated the pertinent procedural history and facts:

"Gaston sued ... Smith to establish that he owned a disputed tract of land by adverse possession and to establish the location...

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