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11/18/94 RAYBURN H. MOORE AND BONNIE F. MOORE v.

November 18, 1994

RAYBURN H. MOORE AND BONNIE F. MOORE
v.
CARROLL EDWARDS AND LINDA EDWARDS



Appeal from Walker Circuit Court. (CV-90-535). Horace H. Nation III, TRIAL JUDGE.

Released for Publication March 10, 1995.

Holmes

The opinion of the court was delivered by: Holmes

HOLMES, Retired Appellate Judge

This case involves a boundary line dispute between coterminous landowners in Walker County, Alabama.

Rayburn H. Moore and Bonnie F. Moore filed a complaint, wherein they requested that the trial court issue an order establishing the true common boundary line between their property and the property owned by Carroll Edwards and Linda Edwards.

The trial court held a hearing and issued an order establishing the boundary line.

Initially, we would note that in the trial court's order, the true and correct boundary line between the parties to this cause is described in two separate paragraphs of the order and that these descriptions differ. The first description states, in pertinent part:

"In order to find a point of beginning, commence at the SW corner of the SE 1/4 of the NE 1/4 of Section 32, Township 14 South, Range 5 West, and run north along the west forty line of said forty 913.61 feet to a wooden post situated on said west line to the point of beginning of the boundary line to be described ...."

(Emphasis added.)

The second description states, in pertinent part:

"In order to find a point of beginning, commence at the SW corner of the SE 1/4 of the NE 1/4 of Section 32, Township 14 South, Range 6 West, and run north along the west forty line of said forty 285.61 feet to a wooden post situated on said west line to the point of beginning of the boundary line to be described ...."

(Emphasis added.)

The Moores filed a post-judgment motion. The trial court failed to rule upon the motion, and it was ...


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