Tisdale v. Mancil
Tisdale v. Mancil
Opinion of the Court
This is a boundary line dispute between two sets of coterminous landowners. Two issues are presented: 1) Whether the trial court’s decree, based on evidence presented ore tenus, is supported by competent evidence; and 2) whether the trial court erred in denying Defendants’ post-judgment motion for a new trial on the ground of newly discovered evidence.
Where, as here, virtually every material factual aspect of this landline dispute was in sharp, direct conflict, the presumption-of-correctness standard of review is peculiarly applicable. Graham v. McKinney, 445 So.2d 892 (Ala. 1984). The trial court’s resolution of the disputed boundary was dependent upon an interpretation of conflicting evidence; thus, we are constrained to affirm.
AFFIRMED.
Reference
- Full Case Name
- Solomon Tisdale, John W. Tisdale, and Nannie C. Tisdale v. Lucile H. Mancil and Frank Gafford.
- Status
- Published