Home/Supreme Court of Alabama/McKee v. Goldthwaite

McKee v. Goldthwaite

250 So. 2d 682, 287 Ala. 232, 1971 Ala. LEXIS 711
CourtSupreme Court of Alabama
DecidedMay 20, 1971
Docket3 Div. 471
StatusPublished
Cited by1 cases

This text of 250 So. 2d 682 (McKee v. Goldthwaite) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKee v. Goldthwaite, 250 So. 2d 682, 287 Ala. 232, 1971 Ala. LEXIS 711 (Ala. 1971).

Opinion

MADDOX, Justice.

In 1939, Olivia Arrington deeded to the appellant, Montgomery County School Board, three acres of land for a recited consideration of $60. The Board built and operated Arrington School in Montgomery County on a tract of land not deeded to it for a period of almost twenty-eight years as a school for Negro children until the school was ordered closed by the United States District Court in Montgomery.' The Board advertised the school site for sale 'and' Alfred W. Goldthwaite, heir of Olivia Arrington, and present owner of the land surrounding the school site filed this action in equity, asking the court to order the School Board to vacate the land on which the school was built and to find that the three acres originally deeded to the Board and not used by it had been abandoned. Goldthwaite also sought a temporary injunction to prevent the Board from selling the property. The Board made no claim to the land originally deeded to it by Olivia Arrington, but in its answer and cross-bill, stated that it had gone into possession of the school site based on a survey of the land described in the 1939 deed and made by a civil engineer named George Pickett, and asked the court to order that it was the owner of the land on which it had built the school and which it had possessed since 1939.

Neither the School Board nor the original owners nor their heirs were aware that the school was located on a site different from that specified in the 1939 deed from Olivia Arrington to the Board, until 1966, when a survey made at the request of Goldthwaite revealed the fact that the school might be mislocated.

The following is a diagram of the disputed property as shown by 'a survey made at the direction of the court:

[234]*234

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Related

Lucas v. Brown
396 So. 2d 63 (Supreme Court of Alabama, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
250 So. 2d 682, 287 Ala. 232, 1971 Ala. LEXIS 711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-v-goldthwaite-ala-1971.