"This cause came to be heard on the ejectment action brought by the Plaintiff against the Defendants, and the Answer of the Defendants denying the allegations of the Plaintiff's Complaint, and further alleging that they own the subject property by adverse possession.... The Court now having reviewed, considered and understood the testimony and the evidence presented, is of the opinion that an Order is due to be entered reflecting the findings and judgment of the Court.
"The Court finds that the parties are contesting a 7.1 acre parcel of land consisting principally of woodland, lying in Section 21, Township 5 South, Range 8 West, in Lawrence County, Alabama, between a closed gravel county road on the west and a creek running in a south-southeastward direction on the east. The northern portion of the subject property is flooded by the Big Nance Creek Watershed Project. The Plaintiff and her late husband, Charles Roberson, were conveyed the subject property on June 10, 1967, as found in Deed Book 82, page 108, from G.F. Brackin and wife, Maggie Brackin, in a transaction wherein the grantors and grantees swapped property. In this transaction, the Plaintiff and [her] husband conveyed away other unrelated property to the Brackins. The Plaintiff further has assessed and paid taxes on the subject property since 1967. For the past two years, the property in question has been doubly assessed [against] the Plaintiff and the Defendants. The Plaintiff contends [that] she had no knowledge of any adverse claim to her property by the Defendants until 'No Trespassing' signs were found posted
along the west boundary of said parcel. The Plaintiff contends that since 1967 she has claimed, possessed and exercised ownership over the subject property, and has no knowledge of any fencing, cultivation, or other acts of ownership exercised by the Defendants as to her property.
"The Court further finds that James A. Brackin purchased property in Section 21 from Gwin Allen and wife, Robbie Allen on February 1, 1967, and found in Deed Book 81, page 545, Probate Records of Lawrence County, Alabama. James A. Brackin and wife, Imogene Brackin later conveyed the same property to the Defendants, Alvie Phillip Brackin and Ellen Brackin, on August 8, 1983, which is recorded in Deed Book 115, at pages 759-761. The property acquired by the Defendants is described as lying west of the Old Courtland-Mt. Hope Road and south of the creek. The Defendants contend that the property they were conveyed and have possessed is the same property claimed by the Plaintiff in that the original Old Courtland and Mt. Hope Road as described in the conveyances actually lies some three to ten feet west of the existing creek bed, and in essence east of where the present closed gravel county road lies. The Defendants claim that they have likewise continued to clear, [mow,] and walk over the parcel of land in question, exercising ownership over the same and have even signed a watershed agreement with [the county] Soil Conservation [agency] in connection with the Big Nance Watershed Project.
"The Court further finds that Guy S. Johnson, a licensed surveyor, who performed a survey in 1983 for Mr. James A. Brackin, father of the Defendant, was able to find only one Old Courtland-Mt. Hope roadway and did not find a prior older roadway located some three to ten feet west of the creek as testified to by the Defendant.
"As stated earlier by the Court, the Plaintiff has filed this action seeking ejectment of the Defendants from the subject 7.1 acre parcel of land. The Defendants in their answer, claim ownership of the subject property by reason of adverse possession for more than ten (10) years. As often stated in Alabama, ejectment is a favored action to try title to land and the Plaintiff, not the Defendant, has the burden of proving that she is the owner of the parcel in question in this action. It is the judgment of this Court that neither James A. Brackin, nor the Defendants, Alvie Phillip Brackin and Ellen Brackin, were conveyed the 7.1 acre parcel made the subject of this suit as the property described and conveyed to the Defendants lay west of the existing Old Courtland-Mt. Hope Road and south of the creek. It is the judgment of the Court that the Plaintiff holds title to and is the owner of the 7.1 acre parcel of land in dispute.
"The Defendants further have failed to convince the Court that they and those through whom they claim have exercised dominion...
