Reynolds v. Rutland, 365 So. 2d 656 (Ala. 1978). · Go Syfert
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Reynolds v. Rutland, 365 So. 2d 656 (Ala. 1978). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 1980 · …possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully. at p. 658 ✓
25 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: Green v. Cottrell (alacivapp, 2015-03-27)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Green v. Cottrell
Ala. Civ. App. · 2015 · confidence medium
See, e.g., Dungan v. Early, 142 So.3d 1135, 1141 (Ala.Civ.App.2013) (recognizing that a claimant in an adverse-possession case who acts under a mistake of fact or law in possessing the property in issue can still acquire title to that property if the requisite elements of adverse possession are established); Hardy v. Smith, 148 So.3d 64, 71 (Ala.Civ.App.2013) (“‘Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully.’” (quoting Strickland v. Markos, 566 So.2d 229, 233 (Ala.1990))); and Reynolds v. Rutland, 365 So.2d 656, 658 (Ala.…
discussed Cited as authority (rule) Cagle v. Hammond
Ala. Civ. App. · 2010 · confidence medium
Smith v. Brown, [ 282 Ala. 528 , 213 So.2d 374 (1968) ].” ’ Strickland v. Markos, 566 So.2d 229, 233 (Ala.1990) (quoting Reynolds v. Rutland, 365 So.2d 656, 658 (Ala.1978)).” Bohanon v. Edwards, 970 So.2d 777, 783-84 (Ala.Civ.App.2007).
discussed Cited as authority (rule) Doyle v. Hicks
Wash. Ct. App. · 1995 · confidence medium
Morgan v. Morgan, 10 Wash. 99, 106 , 38 P. 1054 (1894) (question of ownership is the test or distinguishing feature between actions to re *545 cover real estate, to which the 10 years’ limitation is applicable, and actions seeking to recover the same where the title has been parted with in consequence of the fraud of another party); Sims v. Vandiver, 504 So. 2d 250, 252 (Ala. 1987) ("[p]ossession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully” (quoting Reynolds v. Rutland, 365 So. 2d 656, 658 (Ala. 1978))).
discussed Cited as authority (rule) Sims v. Vandiver (2×)
Ala. · 1987 · confidence medium
This Court interpreted Smith v. Brown in Reynolds v. Rutland, 365 So.2d 656, 657-58 (Ala.1978): "In Smith v. Brown , ... it was held that, if a coterminous landowner holds actual possession of a disputed strip under claim of right, openly and exclusively for a continuous period of 10 years, believing that he is holding to the true line, he will acquire title to that line, even though the belief as to the correct location of the line originated in a mistake.
cited Cited as authority (rule) Calhoun v. Smith
Ala. · 1980 · confidence medium
"Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully." Reynolds v. Rutland, 365 So.2d 656, 658 (Ala.1978).
discussed Cited "see" Parker v. Rhoades
Ala. Civ. App. · 2016 · signal: see · confidence high
See Reynolds v. Rutland, 365 So.2d 656 (Ala. 1978); Carpenter v. Huffman, 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown, 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips, 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly, 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Bachus, 201 Ala. 534 , 78 So. 888 (1918).
discussed Cited "see" Dickinson v. Suggs
Ala. Civ. App. · 2015 · signal: see · confidence high
See, Reynolds v. Rutland, 365 So.2d 656 (Ala.1978); Carpenter v. Huffman, 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown, 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips, 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly, 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Bachus, 201 Ala. 534 , 78 So. 888 (1918).
discussed Cited "see" Dungan v. Early
Ala. Civ. App. · 2013 · signal: see · confidence high
See Reynolds v. Rutland, 365 So.2d 656, 658 (Ala.1978) (concluding that the evidence was sufficient to support adverse possession in a boundary-line dispute when the a review of the record indicated that the “[a]ppellees did openly and notoriously hold the disputed strip in question intending to claim it as their own, although admittedly it was held under the mistaken belief that they were holding to the true line”).
discussed Cited "see" Gilbreath v. Harbour
Ala. Civ. App. · 2009 · signal: see · confidence high
See Reynolds v. Rutland, 365 So.2d 656 (Ala.1978); Carpenter v. Huffman, 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown, 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips, 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly, 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Backus, 201 Ala. 534 , 78 So. 888 (1918).
discussed Cited "see" Holifield v. Smith
Ala. Civ. App. · 2008 · signal: see · confidence high
See, Reynolds v. Rutland, 365 So.2d 656 (Ala.1978); Carpenter v. Huffman, 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown, 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips, 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly, 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Bachus, 201 Ala. 534 , 78 So. 888 (1918).
discussed Cited "see" Buckner v. Hosch
Ala. Civ. App. · 2007 · signal: see · confidence high
See, Reynolds v. Rutland , 365 So.2d 656 (Ala. 1978); Carpenter v. Huffman , 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown , 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly , 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Bachus , 201 Ala. 534 , 78 So. 888 (1918).
discussed Cited "see" Shirey v. Pittman
Ala. Civ. App. · 2007 · signal: see · confidence high
See Reynolds v. Rutland , 365 So.2d 656 (Ala. 1978); Carpenter v. Huffman , 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown , 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly , 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Bachus , 201 Ala. 534 , 78 So. 888 (1918).
discussed Cited "see" McCallister v. Jones
Ala. · 1983 · signal: see · confidence high
See Reynolds v. Rutland , 365 So.2d 656 (Ala. 1978); Carpenter v. Huffman , 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown , 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly , 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Bachus , 201 Ala. 534 , 78 So. 888 (1918).
discussed Cited "see" Thomas v. Davis
Ala. · 1982 · signal: see · confidence high
See, Reynolds v. Rutland , 365 So.2d 656 (Ala. 1978); Carpenter v. Huffman , 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown , 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly , 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Bachus , 201 Ala. 534 , 78 So. 888 (1918).
discussed Cited "see" Kerlin v. Tensaw Land & Timber Co., Inc.
Ala. · 1980 · signal: see · confidence high
See, Reynolds v. Rutland , 365 So.2d 656 (Ala. 1978); Carpenter v. Huffman , 294 Ala. 189 , 314 So.2d 65 (1975); Smith v. Brown , 282 Ala. 528 , 213 So.2d 374 (1968); Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 (1964); Duke v. Wimberly , 245 Ala. 639 , 18 So.2d 554 (1944); Smith v. Bachus , 201 Ala. 534 , 78 So. 888 (1918).
Retrieving the full opinion text from the archive…
Don Reynolds
v.
Mrs. B.I. Rutland
77-422.
Supreme Court of Alabama.
Dec 22, 1978.
365 So. 2d 656
Bryce U. Graham, Tuscumbia, Steve R. Graham, Florence, for appellant. Murray W. Beasley, Tuscumbia, for appellees.
Jones.
Cited by 23 opinions  |  Published

This appeal involves a boundary line dispute between coterminous owners of real property. Appellees filed a complaint in the Circuit Court of Colbert County, seeking to have the court establish and define the true boundary line between the properties of the parties.

In their complaint, Appellees contend that they are owners of property being described as follows:

The NW 1/4 of Section 36, Township 4 South, Range 13 West. . . .

The complaint alleged that Appellant owned the property described as follows:

The East 1/2 of the SW 1/4 of Section 36, Township 4 South, Range 13 West. . . .

Appellees contend that the dividing line between the properties was uncertain and disputed, and sought an order defining the true boundary line between the properties. An ore tenus hearing was held and the trial Judge rendered a final decree in which he found that the joint corner (the SE corner of Appellees' property and the NE corner of Appellant's property) between the two lots was marked by a rock pile with an iron pin located therein. Furthermore, the trial Court found that the boundary line ran from this point and was marked by blazed trees. Although the line as established by the trial Court was approximately 60 feet south of the quarter-section line, defined in the parties' deeds as being the boundary between the parcels, the trial Court held that Appellees had adversely possessed to the line of blazed trees in open, adverse, notorious possession for more than 10 years.

The Appellant contends there was not sufficient evidence to support the trial Court in its adverse possession ruling. Additionally, Appellant contends that the trial Court failed to establish and describe the boundary line with sufficient certainty to resolve the dispute.

In Smith v. Brown, 282 Ala. 528, 213 So.2d 374 (1968), it was held that, if a coterminous landowner holds actual possession of a disputed strip under claim of right, openly and exclusively for a continuous period of 10 years, believing that he is holding to the true line, he will acquire title to that line, even though the belief as to the correct location of the line originated in a mistake. It is immaterial what he might or might not have claimed had he known he was mistaken. While intent to claim the disputed strip is required, there is no requirement that the *Page 658 intent be to claim property of another, as such a rule would make adverse possession dependent upon bad faith. Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully. Smith v. Brown, supra.

It appears that, in the present case, Appellees never intended to claim property belonging to another, but only intended to hold to the true line. A review of the record discloses that there was sufficient evidence to support the trial Court in finding that Appellees did openly and notoriously hold the disputed strip in question intending to claim it as their own, although admittedly it was held under the mistaken belief that they were holding to the true line. This is sufficient to make out a case of adverse possession under the rule of Smith v. Brown.

Admittedly, there is some problem with the certainty of the boundary line as established by the trial Court. There is evidence that a number of the blazed trees referred to no longer exist, having died or been cut for timber. We find, however, that the evidence clearly supports the finding that the SE corner of Appellees' property and the NE corner of Appellant's lot is established as the rock pile containing an iron pin therein. Furthermore, the evidence is consistent with the trial Court's finding that the east-west line forming the boundary between the parties is a line running west from this rock pile that formerly was evidenced by a line of blazed trees. It is our view of the record that the evidence is insufficient to ascertain with reasonable exactness this east-west line; and that, while the point of beginning of this line has been established by the decree below, the line itself is still in dispute.

Accordingly, we remand this case with the instruction that, upon Appellant's motion forthwith, the trial Court shall order a survey to be made pursuant to § 35-3-20, Ala. Code 1975, in order to clarify the location of the line running from the established joint corner westwardly to the western boundary of Appellant's property as determined from the evidence by the trial Court.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.

TORBERT, C.J., and MADDOX, SHORES and BEATTY, JJ., concur.