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10 Alabama opinions name it 3 courts 1991–2023 1 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wiggins v. Stapleton Baptist Churchgreen2 sentences2008When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff].’ ” 947 So.2d at 1036 (quoting Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968)). 2008When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff].’ ” 947 So.2d at 1036 (quoting Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968)). | 2 | 2 |
Ryan v. Hayesgreen2 sentences2006Ex parte Wood, 852 So.2d at 709 (citing Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002)). 2006Ex parte Wood, 852 So.2d at 709 (citing Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002)). | 2 | 2 |
Cobb v. MacMillan Bloedel, Inc.green1 sentence2008First, the plaintiff must prove “actual or constructive possession of the property and that [that] possession was peaceable, as distinguished from scrambling or disputed.” Cobb v. MacMillan Bloedel, Inc., 604 So.2d 344, 345 (Ala.1992). | 1 | 1 |
MacHen v. Wildergreen2 sentences2006When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff]." Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968) (citing Stewart v. Childress, 269 Ala. 87, 92 , 111 So.2d 8 (1959); and Webb v. King, 268 Ala. 282 , 105 So.2d 653 (1958)). [5] See *1037 also Machen v. Wilder, 283 Ala. 205, 208 , 215 So.2d 282, 284 (1968) ("In a statutory suit to quiet title, a prima facie case is made where it is shown that the [plaintiff] is in the peaceful p 2006When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff]." Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968) (citing Stewart v. Childress, 269 Ala. 87, 92 , 111 So.2d 8 (1959); and Webb v. King, 268 Ala. 282 , 105 So.2d 653 (1958)). [5] See *1037 also Machen v. Wilder, 283 Ala. 205, 208 , 215 So.2d 282, 284 (1968) ("In a statutory suit to quiet title, a prima facie case is made where it is shown that the [plaintiff] is in the peaceful p | 1 | 1 |
Nellie F. Welsh, Administratrix of the Estate of Francis John Welsh, Deceased, and Nellie Welsh, Individually v. United Statesgreen2 sentences2000A burden-shifting instruction in the case of a merely negligent loss would not require the innocent party to suffer the consequences resulting from the fact that his or her burden of proof has been made greater by the negligence of the adversary, and, at the same time, it would not impose an excessively harsh sanction upon a merely negligent party." This burden-shift derives from the rationale set forth by the United States Court of Appeals for the Sixth Circuit in Welsh v. United States , 844 F.2d 1239 , 1248 (6th Cir. 1988). 2000A burden-shifting instruction in the case of a merely negligent loss would not require the innocent party to suffer the consequences resulting from the fact that his or her burden of proof has been made greater by the negligence of the adversary, and, at the same time, it would not impose an excessively harsh sanction upon a merely negligent party." This burden-shift derives from the rationale set forth by the United States Court of Appeals for the Sixth Circuit in Welsh v. United States, 844 F.2d 1239, 1248 (6th Cir.1988). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ex Parte Wood
green
2 sentences2006Therefore, applying the burden-shifting analysis articulated in Ex parte Wood, 852 So.2d at 709 , we hold that Owens and Strength have established a clear legal right to a summary judgment based on State-agent immunity on Sanders’s claims against them relating to the hiring of Holmes. 2006Therefore, applying the burden-shifting analysis articulated in Ex parte Wood, 852 So.2d at 709 , we hold that Owens and Strength have established a clear legal right to a summary judgment based on State-agent immunity on Sanders's claims against them relating to the hiring of Holmes. *1028 C. | 2 | 2006–2006 |
Herring v. Parkman
green
1 sentence2023In Herring, the plaintiffs alleged that the defendant had breached the standard of care by advising them not to testify at trial. 631 So. 2d at 1002 . | 1 | 2023–2023 |
Robinson v. Alabama Cent. Credit Union
green
1 sentence2009Robinson, 964 So.2d at 1228-29 . “[Fjederal courts considering the issue [of the burden of proof applicable to an AADEA claim] have noted that the purpose and prohibitions of the AADEA are similar to those of the federal Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (‘ADEA’), and concluded that ADEA principles should therefore govern in AADEA cases as well. | 1 | 2009–2009 |
Woodland Grove Baptist Church v. WOODLAND GROVE COMMUNITY CEMETERY ASSOCIATION
green
1 sentence2008When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff].’ ” 947 So.2d at 1036 (quoting Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968)). | 1 | 2008–2008 |
Webb v. King
neutral
2 sentences2006When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff]." Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968) (citing Stewart v. Childress, 269 Ala. 87, 92 , 111 So.2d 8 (1959); and Webb v. King, 268 Ala. 282 , 105 So.2d 653 (1958)). [5] See *1037 also Machen v. Wilder, 283 Ala. 205, 208 , 215 So.2d 282, 284 (1968) ("In a statutory suit to quiet title, a prima facie case is made where it is shown that the [plaintiff] is in the peaceful p 2006When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff]." Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968) (citing Stewart v. Childress, 269 Ala. 87, 92 , 111 So.2d 8 (1959); and Webb v. King, 268 Ala. 282 , 105 So.2d 653 (1958)). [5] See *1037 also Machen v. Wilder, 283 Ala. 205, 208 , 215 So.2d 282, 284 (1968) ("In a statutory suit to quiet title, a prima facie case is made where it is shown that the [plaintiff] is in the peaceful p | 1 | 2006–2006 |
Gardner v. Key
green
1 sentence2006The holding in Gardner v. Key, 594 So.2d 43 (Ala.1992), does not apply to this case for two reasons. | 1 | 2006–2006 |
Stewart v. Childress
green
2 sentences2006When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff]." Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968) (citing Stewart v. Childress, 269 Ala. 87, 92 , 111 So.2d 8 (1959); and Webb v. King, 268 Ala. 282 , 105 So.2d 653 (1958)). [5] See *1037 also Machen v. Wilder, 283 Ala. 205, 208 , 215 So.2d 282, 284 (1968) ("In a statutory suit to quiet title, a prima facie case is made where it is shown that the [plaintiff] is in the peaceful p 2006When the [defendant] shows legal title to the land, the burden of avoiding it by showing superior title by adverse possession (or by a better paper title) shifts to the [plaintiff]." Wiggins v. Stapleton Baptist Church, 282 Ala. 255, 257 , 210 So.2d 814, 816-17 (1968) (citing Stewart v. Childress, 269 Ala. 87, 92 , 111 So.2d 8 (1959); and Webb v. King, 268 Ala. 282 , 105 So.2d 653 (1958)). [5] See *1037 also Machen v. Wilder, 283 Ala. 205, 208 , 215 So.2d 282, 284 (1968) ("In a statutory suit to quiet title, a prima facie case is made where it is shown that the [plaintiff] is in the peaceful p | 1 | 2006–2006 |
Ford v. Washington
green
1 sentence2006Ford v. Washington, 259 So.2d 226 (Ala.1972)." The trial court's recitation of the applicable caselaw, however, is incomplete; it does not articulate the complete burden-shifting analysis. | 1 | 2006–2006 |
Campbell v. Williams
green
1 sentence2004A burden-shifting instruction in the case of a merely negligent loss would not require the innocent party to suffer the consequences resulting from the fact that his or her burden of proof has been made greater by the negligence of the adversary, and, at the same time, it would not impose an excessively harsh sanction upon a merely negligent party." See also the adverse-interest charges approved in Murray and in Campbell v. Williams , 638 So.2d 804 (Ala. 1994). | 1 | 2004–2004 |
Harold Glenn Williams v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent
green
1 sentence1991Williams v. Kemp , 846 F.2d 1276 , 1283-84 (11th Cir. 1988), cert. denied , [___] U.S. [___,] 110 S.Ct. 1836 [ 108 L.Ed.2d 965 ] (1990); . . . | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.