property claim in Alabama

2007To sell, give, pledge, or otherwise transfer any interest in the property; or "`e. To subject the property to the claim of a person other than the owner.' "In Weeks v. State , 611 So.2d 1156 (Ala.Cr.App. 1992), Weeks was convicted of theft of property in the first degree.

2007To sell, give, pledge, or otherwise transfer any interest in the property; or "`e. To subject the property to the claim of a person other than the owner.' "In Weeks v. State, 611 So.2d 1156 (Ala.Cr.App.1992), Weeks was convicted of theft of property in the first degree.

2024Although this Court, in Ex parte Alabama-West Florida Conference of the United Methodist Church, Inc., [Ms. SC-2023-0385, Apr. 12, 2024] ___ So. 3d ___ (Ala. 2024), recently held that a civil court did have jurisdiction to review a plaintiff's property claim against the Alabama-West Florida Conference ("the Conference") of the United Methodist Church, Inc. ("the UMC"), and another UMC agency, the claims in the present action are materially different because they concern "a dispute over issues of ' "religious practice or doctrine." ' " Id. at ___ (citations omitted).

2017See , e.g. , Sparks v. Byrd , 562 So.2d 211 , 214 (Ala. 1990) ("In Alabama, the common-law doctrine of adverse possession by prescription acts as a rule of absolute repose ...."); Snow v. Boykin , 432 So.2d 1210 , 1212 (Ala. 1983) (stating that the common-law doctrine of adverse possession by "prescription of twenty years is a rule of absolute repose"); and Fitts v. Alexander , 277 Ala. 372 , 376, 170 So.2d 808 , 811 (1965) (stating that the 20-year prescriptive period for adverse possession "operates as an absolute rule of repose"); see also Herrick v. Moore , 185 Iowa 828 , 169 N.W. 741 , 74

2017See , e.g. , Sparks v. Byrd , 562 So.2d 211 , 214 (Ala. 1990) ("In Alabama, the common-law doctrine of adverse possession by prescription acts as a rule of absolute repose ...."); Snow v. Boykin , 432 So.2d 1210 , 1212 (Ala. 1983) (stating that the common-law doctrine of adverse possession by "prescription of twenty years is a rule of absolute repose"); and Fitts v. Alexander , 277 Ala. 372 , 376, 170 So.2d 808 , 811 (1965) (stating that the 20-year prescriptive period for adverse possession "operates as an absolute rule of repose"); see also Herrick v. Moore , 185 Iowa 828 , 169 N.W. 741 , 74

2017Simmons Grp., LTD v. O'Rear , 233 So.3d 335 , 339 (Ala. 2017) (stating "the basic property rule that a grantor cannot convey more than the grantor actually owns").

2017See , e.g. , Sparks v. Byrd , 562 So.2d 211 , 214 (Ala. 1990) ("In Alabama, the common-law doctrine of adverse possession by prescription acts as a rule of absolute repose ...."); Snow v. Boykin , 432 So.2d 1210 , 1212 (Ala. 1983) (stating that the common-law doctrine of adverse possession by "prescription of twenty years is a rule of absolute repose"); and Fitts v. Alexander , 277 Ala. 372 , 376, 170 So.2d 808 , 811 (1965) (stating that the 20-year prescriptive period for adverse possession "operates as an absolute rule of repose"); see also Herrick v. Moore , 185 Iowa 828 , 169 N.W. 741 , 74

2012Any regulatory action causing less than the denial of all economically beneficial or productive use of the property would require an analysis under Penn Central Transportation Co. v. New York City, 438 U.S. 104 , 98 S.Ct. 2646 , 57 L.Ed.2d 631 (1978).

2012Any regulatory action causing less than the denial of all economically beneficial or productive use of the property would require an analysis under Penn Central Transportation Co. v. New York City, 438 U.S. 104 , 98 S.Ct. 2646 , 57 L.Ed.2d 631 (1978).

1998Cox v. Walter, 348 So.2d 454 (Ala.1977).

1993The following issues have been presented for our review: 1) Whether the county's sewer easement, acquired by condemnation in 1902, was valid as to the plaintiffs; 2) Whether the county acquired a sewer easement across the plaintiffs' property under the doctrine of prescription; 3) Whether the county owed a duty to the plaintiffs to exercise reasonable care in the *Page 1133 maintenance and operation of its sewer system; 4) Whether the county is shielded from liability under the substantive immunity doctrine as discussed and applied in Rich v. City of Mobile , 410 So.2d 385 (Ala. 1982); and 5)

1993The following issues have been presented for our review: 1) Whether the county's sewer easement, acquired by condemnation in 1902, was valid as to the plaintiffs; 2) Whether the county acquired a sewer easement across the plaintiffs' property under the doctrine of prescription; 3) Whether the county owed a duty to the plaintiffs to exercise reasonable care in the *1133 maintenance and operation of its sewer system; 4) Whether the county is shielded from liability under the substantive immunity doctrine as discussed and applied in Rich v. City of Mobile, 410 So.2d 385 (Ala.1982); and 5) Whether

1991In Alabama Insurance Guaranty Ass’n v. Magic City Trucking Service, Inc., 547 So.2d 849 (Ala.1989), Justice Shores addressed the issue of whether the Guaranty Association should be entitled to offset workman’s compensation benefits received by the injured party.

1968Wade v. Glencoe Lumber Co., 267 Ala. 530 , 103 So.2d 730, 732 ; Powers v. Grayson, supra. In the present case there was no allegation in the lien statement that the materials were used in the construction of *331 the building.

1968Wade v. Glencoe Lumber Co., 267 Ala. 530 , 103 So.2d 730, 732 ; Powers v. Grayson, supra. In the present case there was no allegation in the lien statement that the materials were used in the construction of *331 the building.

1954With regard to laches, we quote the following from Hauser v. Foley & Co., 190 Ala. 437, 440 , 67 So. 252 , 253: “ ‘The true doctrine concerning laches has never been more concisely and accurately stated than in the following language of an able living judge: “Laches, in legal significance, is not mere delay, but delay that works a disadvantage to another, So long as parties are in the same condition, it matters little whether one presses a right promptly or slowly, within limits allowed by law; but when, knowing his rights, he takes no step to enforce them until the condition of the other part

1954With regard to laches, we quote the following from Hauser v. Foley & Co., 190 Ala. 437, 440 , 67 So. 252 , 253: “ ‘The true doctrine concerning laches has never been more concisely and accurately stated than in the following language of an able living judge: “Laches, in legal significance, is not mere delay, but delay that works a disadvantage to another, So long as parties are in the same condition, it matters little whether one presses a right promptly or slowly, within limits allowed by law; but when, knowing his rights, he takes no step to enforce them until the condition of the other part

1953Some of these grounds of demurrer raise the point that for aught that appears from the face of the bill, the respondent, Mayo Barton, is in actual possession of the property under claim of exclusive right, and that the bill fails to negative the actual possession of the land by the respondent, Mayo Barton.” To support his contention on demurrer appellant cites a statement from Grissom v. State, for use of Alabama College, 254 Ala. 218 , 48 So.2d 197 , 200: “The title being in the State and no one in the actual possession of the land when the suit was brought, and no one scrambling to retain or

1953Some of these grounds of demurrer raise the point that for aught that appears from the face of the bill, the respondent, Mayo Barton, is in actual possession of the property under claim of exclusive right, and that the bill fails to negative the actual possession of the land by the respondent, Mayo Barton.” To support his contention on demurrer appellant cites a statement from Grissom v. State, for use of Alabama College, 254 Ala. 218 , 48 So.2d 197 , 200: “The title being in the State and no one in the actual possession of the land when the suit was brought, and no one scrambling to retain or

1951If upon proper allegation and proof the case is brought within the terms of the foregoing statute, we think it will be equitable for the court to authorize the complainant to remove the materials that went into the construction of the building, except the respondent should be first given the opportunity of paying the mortgage debt and thereby retaining the improvement if she sees fit to do so. (3) It is sought by the complainant under the circumstances in the case to impress the property of Mrs. Connie Doggett, if it is her property, with a lien for the amount of the expenditures for the impro

1951If upon proper allegation and proof the case is brought within the terms of the foregoing statute, we think it will be equitable for the court to authorize the complainant to remove the materials that went into the construction of the building, except the respondent should be first given the opportunity of paying the mortgage debt and thereby retaining the improvement if she sees fit to do so. (3) It is sought by the complainant under the circumstances in the case to impress the property of Mrs. Connie Doggett, if it is her property, with a lien for the amount of the expenditures for the impro

1941Dealing with such omission this court held: “But we think it is clear that the right to such exemption is one which the taxpayer who owns the property must claim with each annual assessment of his property.” In Re Opinions of Justices, 234 Ala. 358 , 175 So. 690, 693 , we responded to an inquiry whether Section 100 of the Constitution prevented the homestead tax exemption from being effective as to taxes assessed for the current year, to become payable October 1, 1937.

1941Dealing with such omission this court held: “But we think it is clear that the right to such exemption is one which the taxpayer who owns the property must claim with each annual assessment of his property.” In Re Opinions of Justices, 234 Ala. 358 , 175 So. 690, 693 , we responded to an inquiry whether Section 100 of the Constitution prevented the homestead tax exemption from being effective as to taxes assessed for the current year, to become payable October 1, 1937.

1940Rochelle v. Rochelle, 237 Ala. 530 , 187 So. 451 . *587 And it is well settled that courts of equity are without jurisdiction to grant new trials in a proceeding at law.

1940Rochelle v. Rochelle, 237 Ala. 530 , 187 So. 451 . *587 And it is well settled that courts of equity are without jurisdiction to grant new trials in a proceeding at law.

1930The rule of exclusion was stated and approved by this court in Wood et al. v. West Pratt Coal Co., 146 Ala. 479 , 40 So. 959 , citing as authority Barrett v. Fisch, 76 Iowa, 553 , 41 N. W. 310 , 14 Am.

1930The rule of exclusion was stated and approved by this court in Wood et al. v. West Pratt Coal Co., 146 Ala. 479 , 40 So. 959 , citing as authority Barrett v. Fisch, 76 Iowa, 553 , 41 N. W. 310 , 14 Am.

1930The rule of exclusion was stated and approved by this court in Wood et al. v. West Pratt Coal Co., 146 Ala. 479 , 40 So. 959 , citing as authority Barrett v. Fisch, 76 Iowa, 553 , 41 N. W. 310 , 14 Am.

1930The rule of exclusion was stated and approved by this court in Wood et al. v. West Pratt Coal Co., 146 Ala. 479 , 40 So. 959 , citing as authority Barrett v. Fisch, 76 Iowa, 553 , 41 N. W. 310 , 14 Am.

1927The conveyances of Lindsay to Bellamy of 1859 and Bellamy to Lindsay as executor in 1881, together with the pertinent facts relating thereto, are set out in the case of Bellamy v. Pitts, 214 Ala. 467 , 108 So. 327 , to which reference is made for more detailed examination thereof.

1927The conveyances of Lindsay to Bellamy of 1859 and Bellamy to Lindsay as executor in 1881, together with the pertinent facts relating thereto, are set out in the case of Bellamy v. Pitts, 214 Ala. 467 , 108 So. 327 , to which reference is made for more detailed examination thereof.

1924The case of Birmingham Co. v. Phillips, 206 Ala. 467 , 90 South. 498 , in no wise conflicts with the present holding.

1924The case of Birmingham Co. v. Phillips, 206 Ala. 467 , 90 South. 498 , in no wise conflicts with the present holding.

1922City of Ensley v. McWilliams, 145 Ala. 159 , 41 South. 296 , 117 Am.

1922City of Ensley v. McWilliams, 145 Ala. 159 , 41 South. 296 , 117 Am.

1921Baker v. Drake, 148 Ala. 513 , 41 South. 845 ; Wilkinson v. Bottoms, 174 Ala. 122 , 56 South. 948 ; Daniel v. Wade, 203 Ala. 355 , 83 South. 99 .

1921Baker v. Drake, 148 Ala. 513 , 41 South. 845 ; Wilkinson v. Bottoms, 174 Ala. 122 , 56 South. 948 ; Daniel v. Wade, 203 Ala. 355 , 83 South. 99 .

1921Baker v. Drake, 148 Ala. 513 , 41 South. 845 ; Wilkinson v. Bottoms, 174 Ala. 122 , 56 South. 948 ; Daniel v. Wade, 203 Ala. 355 , 83 South. 99 .

1921Baker v. Drake, 148 Ala. 513 , 41 South. 845 ; Wilkinson v. Bottoms, 174 Ala. 122 , 56 South. 948 ; Daniel v. Wade, 203 Ala. 355 , 83 South. 99 .

1921Baker v. Drake, 148 Ala. 513 , 41 South. 845 ; Wilkinson v. Bottoms, 174 Ala. 122 , 56 South. 948 ; Daniel v. Wade, 203 Ala. 355 , 83 South. 99 .

1921Baker v. Drake, 148 Ala. 513 , 41 South. 845 ; Wilkinson v. Bottoms, 174 Ala. 122 , 56 South. 948 ; Daniel v. Wade, 203 Ala. 355 , 83 South. 99 .

1912Dec. 457 ; McDaniel v. Calian, 75 Ala. 327 .