Dennison v. Claiborne’s Empirical Analysis

Citation profile

28 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘ * * * the burden of showing actual, clear, definite, positive, notorious, open, continuous, adverse and exclusive possession of a definite tract under a claim of right for the time prescribed by law, and such possession is required to be shown by clear and convincing evidence. Turnipseed v. Moseley, 248 Ala. 340 , 27 So.2d 483 , 170 A.L.R. 882 ; Walthall v. Yohn, 252 Ala. 262 , 40 So.2d 705 .’ Prestwood v. Hunt, 285 Ala. 525 , 234 So.2d 545 (1970). * * * * * * “It is almost platitudinous to restate our well established rule that, ‘Where evidence is heard orally before the trial court, the finding of the court has the effect of a jury’s verdict and will not be disturbed on appeal, unless plainly erroneous, whether in law or equity. And we must affirm the trial court’s decree, if fairly supported by credible evidence under any reasonable aspect regardless of what might be our view of the evidence. Norton v. Norton, 280 Ala. 307 , 193 So.2d 750 ; Great American Ins. Co. v. Railroad Furniture Salvage of Mobile, Inc., 276 Ala. 394 , 162 So.2d 488 ; Dunlavy v. Dunlavy, 283 Ala. 303 , 216 So.2d 281 .’ Patterson v. Brooks, 285 Ala. 349 , 232 So.2d 598 (1970). ‘ * * * the findings and conclusions of fact made by a trial court, based on testimony taken ore tenus, are presumed to be correct, and such findings and conclusions carry with them the force of a jury verdict. Unless such findings and conclusions are plainly wrong or without supporting evidence, or are manifestly unjust * *”

   2 later decisions quote this exact passage
   e.g. Myers v. Owens · 50 Ala. App. 591 - Chambers v. Burgess

2. ““When any person, natural or artificial, claims, either in his own right or in any representative capacity whatsoever, to own any lands or any interest therein, and is in the actual, peaceable possession of the land, or if neither he nor any other person is in the actual possession of the lands and he holds, and has held, color of title to the lands, or interest so claimed, for a period of 10 or more consecutive years next preceding and has paid taxes on the lands or interest during the whole of such period, or if he, together with those through whom he claims, has held color of title and paid taxes on the land or interest so claimed during the whole of such period of time, or if he and those through whom he claims have paid taxes during the whole of such period of 10 years on the lands or interest claimed and no other person has paid taxes thereon during any part of said period, he may, if no action is pending to test his title to, interest in or his right to the possession of such lands, file a verified complaint in the circuit court of the county in which such lands lie against said lands and any and all persons claiming, or reputed to claim, any title to, interest in, lien, or encumbrance on said lands, or any part thereof, to establish the right or title to such lands or interest and to clear up all doubts or disputes concerning the same.””

   2 later decisions quote this exact passage
   e.g. David Childers and Robert DeShawn Childers v. Leroy Darby · 356 So. 2d 1188 - Penney v. Carden