Everyone, thanks for the feedback on ditches as boundary markers.  I knew
and accepted all this as true but unfortunately didn't have the references
to back up my common knowledge.  I am learning that my
archaeological"facts" are not necessarily directly transferable into legal
evidence.  (especially evidence that the opposing attorney can't
undermine).

So, the more ammunition I have , the better.

Linda Derry
Site Director, Old Cahawba Archaeological Park
Alabama Historical Commission
719 Tremont Street, Selma, AL 36701
office:  334/875-2529
park:  334/ 872-8058
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On Fri, Jun 26, 2015 at 3:17 PM, Bob Skiles <[log in to unmask]> wrote:

> Linda,
>
> It's probably time to find yourself a new lawyer ... the ditch is one of
> the oldest forms of recognized boundary in common law ... their venerable
> origin (in western law) is the Neolithic hill-forts of Europe that were
> encircled by defensive ditches ... that became castles encircled by moats
> ... so don't call yours a "ditch" but think of it as the "moat" surrounding
> a lord's castle ... the bois d'arc (or privet) hedges (or the stone walls
> thrown-up around a farmers field) were all tantamount to the castle wall.
>
> If your lawyer can't make a case for a plainly evident ditch, that is
> actually underpinned by on-the-books legislation, then I'd begin suspecting
> he's "in the pocket" of the other side!
>
> Regards,
> Bob Skiles
>
> On 6/26/2015 1:35 PM, Linda Derry wrote:
>
>> Histarchers,
>>
>> I need your help. There is a cemetery in our archaeological park that was
>> established by the Alabama legislature in 1851 but we can't find any legal
>> records that describe the boundaries.  However there are historical
>> records
>> (newspaper reports mostly) that say that the cemetery was "surrounded by a
>> ditch" and a few years after it was created, an osage orange hedge was
>> planted just inside the ditch.
>>
>> Today, the ditch is still very apparent, and there are a few  aged  osage
>> orange trees too.
>>
>> Our attorney has told us he does't think that he can use the ditch as
>> evidence of the boundary, because of the word "surrounds" since, as he
>> says, "its like saying that  the Indians surrounded the fort  and that
>> doesn't imply  they were establishing a boundary."  A fence he would
>> accept, and he may consider the osage orange, but he doesn't seem to think
>> we can protect the ditch from our neighbor's bulldozers.
>>
>> So, I am turning to you for help.  Are there other examples of graveyards
>> that were enclosed by ditches, or documented  evidence that ditches were
>> used as boundary markers.  I'm trying to argue that  historically ditches
>> were just as real as fences in establishing boundaries.
>>
>> Linda Derry
>> Site Director, Old Cahawba Archaeological Park
>> Alabama Historical Commission
>> 719 Tremont Street, Selma, AL 36701
>> office:  334/875-2529
>> park:  334/ 872-8058
>> [log in to unmask]
>>
>>