disputed strip claim (Alabama) · Go Syfert
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disputed strip claim in Alabama

42 Alabama opinions name it 2 courts 1918–2025 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.

Followed or applied (13)

CaseFollowedCited
Sylvest v. Stowersgreen
ala · 1964 · cited in 12 Alabama opinions naming this issue, 1971–2010
2 sentences

2010As this court has written: “ ‘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 comet location of the line originated in a mistake.’ Scarbrough v. Smith, 445 So.2d 553, 556 (Ala.1984) (emphasis added). ‘[0]ne does not have to be a willful landgrabber or dishonest in order to acquire title by adverse possession.’ Sylvest v. Stowers, 276 Ala. 695, 699 , 166 So.2d 423, 427 (1964).”

2010As this court has written: “ ‘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 comet location of the line originated in a mistake.’ Scarbrough v. Smith, 445 So.2d 553, 556 (Ala.1984) (emphasis added). ‘[0]ne does not have to be a willful landgrabber or dishonest in order to acquire title by adverse possession.’ Sylvest v. Stowers, 276 Ala. 695, 699 , 166 So.2d 423, 427 (1964).”

712
Cambron v. Kirklandgreen
ala · 1971 · cited in 4 Alabama opinions naming this issue, 1973–1986
2 sentences

1986Cambron v. Kirkland, 287 Ala. 531 , 253 So.2d 180 (1971).

1986Cambron v. Kirkland, 287 Ala. 531 , 253 So.2d 180 (1971).

34
Treadaway v. Hamiltongreen
ala · 1930 · cited in 3 Alabama opinions naming this issue, 1964–1981
2 sentences

1981Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 ; McNeil v. Hadden , 261 Ala. 691 , 76 So.2d 160 , and cases there cited; see Treadaway v. Hamilton , 221 Ala. 479 , 129 So. 55 .

1981Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 ; McNeil v. Hadden , 261 Ala. 691 , 76 So.2d 160 , and cases there cited; see Treadaway v. Hamilton , 221 Ala. 479 , 129 So. 55 .

33
Williams v. Davisgreen
ala · 1967 · cited in 3 Alabama opinions naming this issue, 1973–1974
2 sentences

1974“If a coterminous landowner holds actual possession of a disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line * * Sylvest v. Stowers, 276 Ala. 695, 697 , 166 So.2d 423, 426 (1964). “ * * * the claimant need show only dominion over the land claiming it adversely as to the whole world for the required time.” Williams v. Davis, 280 Ala. 631, 633 , 197 So.2d 285, 287 (1967).

1974“If a coterminous landowner holds actual possession of a disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line * * Sylvest v. Stowers, 276 Ala. 695, 697 , 166 So.2d 423, 426 (1964). “ * * * the claimant need show only dominion over the land claiming it adversely as to the whole world for the required time.” Williams v. Davis, 280 Ala. 631, 633 , 197 So.2d 285, 287 (1967).

33
Smith v. Cookgreen
ala · 1929 · cited in 7 Alabama opinions naming this issue, 1948–2008
2 sentences

2008If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.’ “Smith v. Cook, 220 Ala. 338, 341 , 124 So. 898, 900 (1929) (citations omitted).” Jones, 827 So.2d at 772 n. 2 (emphasis omitted).

2002If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken." Smith v. Cook, 220 Ala. 338, 341 , 124 So. 898, 900 (1929) (citations omitted).

27
McNeil v. Haddengreen
ala · 1954 · cited in 6 Alabama opinions naming this issue, 1964–1990
2 sentences

1990In McNeil v. Hadden , 261 Ala. 691 , 694 , 76 So.2d 160 , 162 (1954), we stated: "If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake. . . ." One claiming by adverse possession must show, in addition to the fact that he has held the land for 10 years, all of the traditional adverse possession elements of open, hostile, notorious,

1990In McNeil v. Hadden , 261 Ala. 691 , 694 , 76 So.2d 160 , 162 (1954), we stated: "If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake. . . ." One claiming by adverse possession must show, in addition to the fact that he has held the land for 10 years, all of the traditional adverse possession elements of open, hostile, notorious,

16
Barnett v. Millisgreen
ala · 1971 · cited in 3 Alabama opinions naming this issue, 1977–1980
2 sentences

1980In Alabama, the rule of adverse possession is that “if a coterminous landowner holds actual possession of a disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line.” (Emphasis added.) Barnett v. Mills, 286 Ala. 681, 684 , 246 So.2d 78, 80 (1971).

1980In Alabama, the rule of adverse possession is that “if a coterminous landowner holds actual possession of a disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line.” (Emphasis added.) Barnett v. Mills, 286 Ala. 681, 684 , 246 So.2d 78, 80 (1971).

13
Scarbrough v. Smithgreen
ala · 1984 · cited in 2 Alabama opinions naming this issue, 2002–2010
2 sentences

2010As this court has written: “ ‘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 comet location of the line originated in a mistake.’ Scarbrough v. Smith, 445 So.2d 553, 556 (Ala.1984) (emphasis added). ‘[0]ne does not have to be a willful landgrabber or dishonest in order to acquire title by adverse possession.’ Sylvest v. Stowers, 276 Ala. 695, 699 , 166 So.2d 423, 427 (1964).”

2002"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, *Page 768 even though the belief as to the correct location of the line originated in a mistake ." Scarbrough v. Smith , 445 So.2d 553 , 556 (Ala. 1984) (emphasis added). "[O]ne does not have to be a willful landgrabber or dishonest in order to acquire title by adverse possession." Sylvest v. Stowers , 276 Ala. 695 , 699 , 166 So.2d 423 , 427 (1964).

12
Green v. Marlingreen
ala · 1929 · cited in 1 Alabama opinions naming this issue, 2025–2025
2 sentences

2025In reaching its determination, the trial court relied on the following conclusions of law: 12 CL-2025-0003 " 'If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.' Smith v. Brown, 282 Ala. 528 , 213 So. 2d 374 (Ala. 1968). " 'If the land is

2025In reaching its determination, the trial court relied on the following conclusions of law: 12 CL-2025-0003 " 'If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.' Smith v. Brown, 282 Ala. 528 , 213 So. 2d 374 (Ala. 1968). " 'If the land is

11
Sims v. Vandivergreen
ala · 1987 · cited in 1 Alabama opinions naming this issue, 2010–2010
1 sentence

2010See also Sims v. Vandiver, 504 So.2d 250, 252 (Ala.1987) (“It is not necessary that a coterminous landowner be correct in his belief as to the true boundary line in order to possess the requisite intent to adversely obtain title to real property.”).

11
Wadkins v. Meltongreen
alacivapp · 2002 · cited in 1 Alabama opinions naming this issue, 2010–2010
1 sentence

2010As this court has written: “ ‘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 comet location of the line originated in a mistake.’ Scarbrough v. Smith, 445 So.2d 553, 556 (Ala.1984) (emphasis added). ‘[0]ne does not have to be a willful landgrabber or dishonest in order to acquire title by adverse possession.’ Sylvest v. Stowers, 276 Ala. 695, 699 , 166 So.2d 423, 427 (1964).”

11
Reynolds v. Rutlandgreen
ala · 1978 · cited in 1 Alabama opinions naming this issue, 1987–1987
1 sentence

1987This 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.

11
Rutland v. Georgia Kraft Co., Inc.green
ala · 1980 · cited in 1 Alabama opinions naming this issue, 1983–1983
1 sentence

1983Rutland v. Georgia Kraft Company, 387 So.2d 836, 837 (Ala.1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (21)

CaseCitedYears
Hoffman v. White neutral
ala · 1890
2 sentences

2013Smith v. Bachus, 201 Ala. 534 , 78 So. 888 [ (1918) ]; Hoffman v. White, 90 Ala. 354 , 7 So. 816 [(1890)]; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 [ (1920) ]; Shepherd v. Scott’s Chapel, 216 Ala. 193 , 112 So. 905 [(1927)]. “ ‘There is, however, a limitation or an additional principle that, if the occupancy to a line is with no intention to claim to it if it should be beyond the true location of the boundary, such possession is not adverse.

1978Smith v. Bachus, 201 Ala. 534 , 78 So. 888 ; Hoffman v. White, 90 Ala. 354 , 7 So. 816 ; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 ; Shepherd v. Scott's Chapel, 216 Ala. 193 , 112 So. 905 .' Smith v. Cook, 220 Ala. 338, 341 , 124 So. 898, 900 .

91918–2013
Smith v. Bachus green
ala · 1918
2 sentences

2013Smith v. Bachus, 201 Ala. 534 , 78 So. 888 [ (1918) ]; Hoffman v. White, 90 Ala. 354 , 7 So. 816 [(1890)]; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 [ (1920) ]; Shepherd v. Scott’s Chapel, 216 Ala. 193 , 112 So. 905 [(1927)]. “ ‘There is, however, a limitation or an additional principle that, if the occupancy to a line is with no intention to claim to it if it should be beyond the true location of the boundary, such possession is not adverse.

2013Smith v. Bachus, 201 Ala. 534 , 78 So. 888 [ (1918) ]; Hoffman v. White, 90 Ala. 354 , 7 So. 816 [(1890)]; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 [ (1920) ]; Shepherd v. Scott’s Chapel, 216 Ala. 193 , 112 So. 905 [(1927)]. “ ‘There is, however, a limitation or an additional principle that, if the occupancy to a line is with no intention to claim to it if it should be beyond the true location of the boundary, such possession is not adverse.

91929–2013
Shepherd v. Scott's Chapel neutral
ala · 1927
2 sentences

2013Smith v. Bachus, 201 Ala. 534 , 78 So. 888 [ (1918) ]; Hoffman v. White, 90 Ala. 354 , 7 So. 816 [(1890)]; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 [ (1920) ]; Shepherd v. Scott’s Chapel, 216 Ala. 193 , 112 So. 905 [(1927)]. “ ‘There is, however, a limitation or an additional principle that, if the occupancy to a line is with no intention to claim to it if it should be beyond the true location of the boundary, such possession is not adverse.

2013Smith v. Bachus, 201 Ala. 534 , 78 So. 888 [ (1918) ]; Hoffman v. White, 90 Ala. 354 , 7 So. 816 [(1890)]; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 [ (1920) ]; Shepherd v. Scott’s Chapel, 216 Ala. 193 , 112 So. 905 [(1927)]. “ ‘There is, however, a limitation or an additional principle that, if the occupancy to a line is with no intention to claim to it if it should be beyond the true location of the boundary, such possession is not adverse.

81930–2013
Hopkins v. Duggar green
ala · 1920
2 sentences

2013Smith v. Bachus, 201 Ala. 534 , 78 So. 888 [ (1918) ]; Hoffman v. White, 90 Ala. 354 , 7 So. 816 [(1890)]; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 [ (1920) ]; Shepherd v. Scott’s Chapel, 216 Ala. 193 , 112 So. 905 [(1927)]. “ ‘There is, however, a limitation or an additional principle that, if the occupancy to a line is with no intention to claim to it if it should be beyond the true location of the boundary, such possession is not adverse.

1978Smith v. Bachus, 201 Ala. 534 , 78 So. 888 ; Hoffman v. White, 90 Ala. 354 , 7 So. 816 ; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 ; Shepherd v. Scott's Chapel, 216 Ala. 193 , 112 So. 905 .' Smith v. Cook, 220 Ala. 338, 341 , 124 So. 898, 900 .

81930–2013
Ex Parte Russell green
ala · 1920
2 sentences

2013Smith v. Bachus, 201 Ala. 534 , 78 So. 888 [ (1918) ]; Hoffman v. White, 90 Ala. 354 , 7 So. 816 [(1890)]; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 [ (1920) ]; Shepherd v. Scott’s Chapel, 216 Ala. 193 , 112 So. 905 [(1927)]. “ ‘There is, however, a limitation or an additional principle that, if the occupancy to a line is with no intention to claim to it if it should be beyond the true location of the boundary, such possession is not adverse.

1978Smith v. Bachus, 201 Ala. 534 , 78 So. 888 ; Hoffman v. White, 90 Ala. 354 , 7 So. 816 ; Hopkins v. Duggar, 204 Ala. 626 , 87 So. 103 ; Shepherd v. Scott's Chapel, 216 Ala. 193 , 112 So. 905 .' Smith v. Cook, 220 Ala. 338, 341 , 124 So. 898, 900 .

81930–2013
Garlington v. City of Birmingham green
ala · 1929
2 sentences

2008If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.’ “Smith v. Cook, 220 Ala. 338, 341 , 124 So. 898, 900 (1929) (citations omitted).” Jones, 827 So.2d at 772 n. 2 (emphasis omitted).

2002If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken." Smith v. Cook, 220 Ala. 338, 341 , 124 So. 898, 900 (1929) (citations omitted).

71948–2008
Lay v. Phillips green
ala · 1964
2 sentences

1981Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 ; McNeil v. Hadden , 261 Ala. 691 , 76 So.2d 160 , and cases there cited; see Treadaway v. Hamilton , 221 Ala. 479 , 129 So. 55 .

1981Lay v. Phillips , 276 Ala. 273 , 161 So.2d 477 ; McNeil v. Hadden , 261 Ala. 691 , 76 So.2d 160 , and cases there cited; see Treadaway v. Hamilton , 221 Ala. 479 , 129 So. 55 .

41964–1981
Smith v. Brown green
ala · 1968
2 sentences

2025In reaching its determination, the trial court relied on the following conclusions of law: 12 CL-2025-0003 " 'If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.' Smith v. Brown, 282 Ala. 528 , 213 So. 2d 374 (Ala. 1968). " 'If the land is

2025In reaching its determination, the trial court relied on the following conclusions of law: 12 CL-2025-0003 " 'If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.' Smith v. Brown, 282 Ala. 528 , 213 So. 2d 374 (Ala. 1968). " 'If the land is

21978–2025
Hayes v. Cotter green
ala · 1983
2 sentences

1985In Hayes v. Cotter, supra , we recounted what is necessary for a person to establish adverse possession in a boundary line case: "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.

1984Hayes v. Cotter , 439 So.2d 102 (Ala. 1983).

21984–1985
Casey v. Keeney green
ala · 1973
2 sentences

1977It is clearly the law in this state: “If a coterminous landowner holds actual possession of a disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.” Casey v. Keeney, 290 Ala. 94 , 274 So.2d 68 (1973).

1977It is clearly the law in this state: “If a coterminous landowner holds actual possession of a disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.” Casey v. Keeney, 290 Ala. 94 , 274 So.2d 68 (1973).

21977–1977
Jones v. Johnson green
ala · 2002
1 sentence

2008If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.’ “Smith v. Cook, 220 Ala. 338, 341 , 124 So. 898, 900 (1929) (citations omitted).” Jones, 827 So.2d at 772 n. 2 (emphasis omitted).

12008–2008
Boren v. Roberts green
ala · 1982
1 sentence

1983Sylvest v. Stowers , 276 Ala. 695 , 166 So.2d 423 (1964)." (Emphasis supplied.) Such possession must be shown by clear and convincing evidence, Boren v. Roberts , 423 So.2d 208 (Ala. 1982), because every presumption is in favor of the holder of legal title.

11983–1983
Bussey v. Bussey green
ala · 1981
1 sentence

1983In Bussey v. Bussey , 403 So.2d 907 , 909 (Ala. 1981), this Court stated: "[W]here a coterminous landowner holds actual possession of a disputed strip under a claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line , he thereby acquires title up to that line , even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.

11983–1983
Wills v. Blackwell neutral
ala · 1980
1 sentence

1980In Alabama the rule of adverse possession is that "if a coterminous landowner holds actual possession of a disputed strip under claim of right openly and exclusively for a continuous period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line." Wills v. Blackwell , 386 So.2d 427 (1980) quoting Barnett v. Millis , 286 Ala. 681 , 684 , 246 So.2d 78 , 80 (1971).

11980–1980
Alabama State Land Co. v. Matthews green
ala · 1910
2 sentences

1977Casey v. Keeney , 290 Ala. 94 , 274 So.2d 68 (1973); Barnett v. Millis , 286 Ala. 681 , 684 , 246 So.2d 78 (1971). 1 To constitute actual possession, this court has held that ". . . `. . . it is only necessary to put it to such use or exercise such dominion over it *Page 508 as in its present state it is reasonably adapted to.' . . ." Moore v. Malone , 248 Ala. 76 , 78 , 26 So.2d 558 (1946), quoting from Alabama State Land Co. v. Matthews , 168 Ala. 200 , 53 So. 174 , 175 (1910).

1977Casey v. Keeney , 290 Ala. 94 , 274 So.2d 68 (1973); Barnett v. Millis , 286 Ala. 681 , 684 , 246 So.2d 78 (1971). 1 To constitute actual possession, this court has held that ". . . `. . . it is only necessary to put it to such use or exercise such dominion over it *Page 508 as in its present state it is reasonably adapted to.' . . ." Moore v. Malone , 248 Ala. 76 , 78 , 26 So.2d 558 (1946), quoting from Alabama State Land Co. v. Matthews , 168 Ala. 200 , 53 So. 174 , 175 (1910).

11977–1977
Moorer v. Malone green
ala · 1946
2 sentences

1977Casey v. Keeney , 290 Ala. 94 , 274 So.2d 68 (1973); Barnett v. Millis , 286 Ala. 681 , 684 , 246 So.2d 78 (1971). 1 To constitute actual possession, this court has held that ". . . `. . . it is only necessary to put it to such use or exercise such dominion over it *Page 508 as in its present state it is reasonably adapted to.' . . ." Moore v. Malone , 248 Ala. 76 , 78 , 26 So.2d 558 (1946), quoting from Alabama State Land Co. v. Matthews , 168 Ala. 200 , 53 So. 174 , 175 (1910).

1977Casey v. Keeney , 290 Ala. 94 , 274 So.2d 68 (1973); Barnett v. Millis , 286 Ala. 681 , 684 , 246 So.2d 78 (1971). 1 To constitute actual possession, this court has held that ". . . `. . . it is only necessary to put it to such use or exercise such dominion over it *Page 508 as in its present state it is reasonably adapted to.' . . ." Moore v. Malone , 248 Ala. 76 , 78 , 26 So.2d 558 (1946), quoting from Alabama State Land Co. v. Matthews , 168 Ala. 200 , 53 So. 174 , 175 (1910).

11977–1977
Wilson v. Cooper green
ala · 1951
2 sentences

1975As summarized in McNeil, supra, the general rule is: “If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuance period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.” The Carpenters cite Wilson v. Cooper, 256 Ala. 184 , 54 So.2d 286 (1951), as authority for their contention that Mrs. Huffman shoul

1975As summarized in McNeil, supra, the general rule is: “If a coterminous landowner holds actual possession of the disputed strip under a claim of right openly and exclusively for a continuance period of ten years, believing that he is holding to the true line, he thereby acquires title up to that line, even though the belief as to the correct location originated in a mistake, and it is immaterial what he might or might not have claimed had he known he was mistaken.” The Carpenters cite Wilson v. Cooper, 256 Ala. 184 , 54 So.2d 286 (1951), as authority for their contention that Mrs. Huffman shoul

11975–1975
Butts v. Lancaster neutral
ala · 1966
11971–1971
Hancock v. Warren neutral
ala · 1937
11971–1971
Hays v. Lemoine neutral
· 1908
11963–1963
Snow v. Bray green
ala · 1916
11963–1963

Statutes the citing opinions construe

AL § Ala. Code § 6-5-200 (4) AL § Ala. Code § 12-2-7 (3)

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.

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