387 So. 2d 821 - Calhoun v. Smith’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"To obtain land by adverse possession, the claimant must prove `possession of the land; openness, notoriety and exclusiveness of possession; hostility toward everybody else in respect of possession; holding possession under claim of right or claim of color to title; and continuity for statutory period of ten years.' Tanner v. Thompson , 376 So.2d 697 , 698 (Ala. 1979). These elements must be proven by clear and convincing evidence. Knowles v. Golden Stream Fishing Club, Inc. , 331 So.2d 253 (Ala. 1976). It should be noted that the elements necessary to prove ownership under the twenty year prescriptive period are the same as those needed to prove adverse possession under the ten year statutory period; the difference between the two is one of burden of proof. Pendley v. Pendley , 338 So.2d 405 , 407 n. 2 (Ala. 1976); Fitts v. Alexander , 277 Ala. 372 , 170 So.2d 808 (1965)."”

   2 later decisions quote this exact passage
   e.g. 445 So. 2d 549 - Hurt v. Given · 554 So. 2d 981 - Pogue v. White Stone Baptist Church

2. ““In order to change possession from permissive to adverse, the possessor must make a clear and positive disclaimer or repudiation of the true owner’s title. The possessor must give the true owner actual notice of such disavowal, or he must manifest acts or declarations of adverseness so notoriously that actual notice will be presumed.””

   1 later decision quote this exact passage
   e.g. Stokes v. Cottrell