410 So. 2d 889 - Thomas v. Davis’s Empirical Analysis

Citation profile

36 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the absence of specific findings of fact by the trial court, this court will assume that the trial court made those findings necessary to support its judgment, unless such findings would be clearly erroneous and against the great weight and preponderance of the evidence. O'Connor v. Rabren , 373 So.2d 302 (Ala. 1979); Lipscomb v. Tucker , 294 Ala. 246 , 314 So.2d 840 (1975).”

   6 later decisions quote this exact passage
   e.g. Campbell v. Mobile Press Register, Inc. · 466 So. 2d 922 - Smith v. Smith

2. “"[T]he trier of fact, the trial court without a jury, unlike an appellate court later reviewing the matter from a written record, occupies a position of peculiar advantage enabling it to see and hear firsthand the evidence as it is presented. From that vantage point the trier of fact can observe the demeanor of the witnesses, listen to the inflections and intonations of their voices during oral testimony, and study their eyes, facial expressions, and gestures — all of these sensory perceptions which play a critical role in the factfinder's determination of which witnesses are to be afforded credibility when conflicting testimony is given. Consequently, this court will rarely disturb the judgment of the trial court. . . ."”

   5 later decisions quote this exact passage
   e.g. Florence v. Williams · Drennen Land and Timber Co. v. Angell

3. “"In Alabama there are basically two types of adverse possession, these two types being statutory adverse possession and adverse possession by prescription. Adverse possession by prescription requires actual, exclusive, open, notorious and hostile possession under a claim of right for a period of twenty years. See, Fitts v. Alexander , 277 Ala. 372 , 170 So.2d 808 (1965). Statutory adverse possession requires the same elements, but the statute provides further that if the adverse possessor holds under color of title, has paid taxes for ten years, or derives his title by descent cast or devise from a possessor, he may acquire title in ten years, as opposed to the twenty years required for adverse possession by prescription. Code 1975, § 6-5-200 . See, Long v. Ladd , 273 Ala. 410 , 142 So.2d 660 (1962)."”

   1 later decision quote this exact passage
   e.g. 432 So. 2d 489 - McCallister v. Jones