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273 Ala. 279

Stokes v. Hart

Supreme Court of Alabama

Decided March 22, 1962

Supreme Court of Alabama · decided 1962-03-22

Cited by 8 later decisions — most recently November 1974

8 state decisions

Relies on Hoomes v. State · Tanner v. Dobbins

Good law ✅— No negative treatment on recordhow we know

Decided 1962-03-22

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LAWSON, Justice.

¶1This is a boundary line dispute between appellees, as .complainants, and appellant, as respondent. There was a decree adopting the contention of complainants. Respondent has appealed.

¶2Submission here was on appellees’ motion to dismiss the appeal and on the merits.

¶3Motion to Dismiss the Appeal

¶4Appellees assert that the appeal should be dismissed in that the decree from which the appeal is sought to be taken is not a final decree.

¶5There is no merit in this insistence. The decree fixes the boundary line between the lands of the complainants and the respondent as a certain section line. The fact that a surveyor was directed to make a survey to determine the exact location of the section line and to erect certain judicial landmarks at designated points does not infect the decree with interlocutory characteristics of the decree held insufficient to support an appeal in the case of Tanner v. Dobbins, 251 Ala. 392, 37 So.2d 520.

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