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← 555 So. 2d 116 - Doss v. Duggan

555 So. 2d 116 - Doss v. Duggan’s Empirical Analysis

1989

Citation profile

4
cited by 4 later decisions
1
states following
May 1996
most recently cited

4 state decisions

Relationships

Relies on 457 So. 2d 365 - Tidwell v. Strickler · Smith v. Persons · Johns v. Johns · 495 So. 2d 1072 - Wallace v. Putman · 530 So. 2d 42 - Bell v. Jackson

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

  1. “"There are two types of adverse possession recognized in Alabama: statutory adverse possession and adverse possession by prescription. Bergen v. Dixon , 527 So.2d 1274 , 1277 (Ala. 1988). The elements necessary for each were set forth by this Court in Tidwell v. Strickler , 457 So.2d 365 , 368 (Ala. 1984): " 'Both require the common elements of actual, exclusive, open, notorious, and hostile possession under a claim of right, but the statutory version, which requires possession for only ten years rather than the twenty years required by the prescription version, also requires that the possessor hold under color of title, have paid taxes on the property for ten years, or have derived his title by descent or devise. Code 1975 § 6-5-200 , provides in pertinent part as follows: " '(a) Adverse possession cannot confer or defeat title to land unless: " '(1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action.”
    2 later decisions quote this exact passage
  2. “'(2) He and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation; or”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.