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| Sexton v. Wagnon, 2050638,
COURT OF CIVIL APPEALS OF ALABAMA, November 17, 2006, Released
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Overview: Trial court properly ruled that the adjoining landowner owned a portion of land known as a "gore" by virtue of adverse possession, as the adjoining landowner was entitled to tack her father's adverse possession of the gore even though the deed that the father gave to her did not purport to convey the gore to her.
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| Shealy v. Golden , 1040990, 1041072, 1041098,
SUPREME COURT OF ALABAMA, November 17, 2006, Released
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Overview: In a redemption action, the trial court erred in including the deficiency on the original promissory note in its calculation of the redemption price. The debt on the promissory note had been retired when a previous judgment was entered, and the breach of contract claim on the note had been dismissed with prejudice there.
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| Smith v. Tillman, 1051108,
SUPREME COURT OF ALABAMA, November 17, 2006, Released
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Overview: Granting sheriff's Ala. R. Civ. P. 12(b)(6) motion to dismiss on ground that sheriff was immune from suit in his official and individual capacities was error; settlement agreement that sheriff entered into imposed a contractual duty upon him to carry out certain ministerial acts, which fell within exception to Ala. Const. art. I, § 14 immunity.
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| Smyth v. Bratcher, 2050553,
COURT OF CIVIL APPEALS OF ALABAMA, November 17, 2006, Released
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Overview: Trial court erred in determining that the road at issue was not a public road by prescription, as the second property owner met his burden of showing that the road had been regularly used by the public for at least 20 years and the first property owner did not present opposing evidence that the use by the public was, in fact, permissive.
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