Ex parte Meadows

Decision Date07 February 1992
Citation598 So.2d 908
PartiesEx parte Rosetta S. MEADOWS. (Re Rosetta S. MEADOWS, et al. v. Evangelene A. SMITH, a/k/a Evangelene Alford Smith.) 1901606.
CourtAlabama Supreme Court

William H. Mills of Redden, Mills & Clark, Birmingham, for appellants.

Jo Alison Taylor, Birmingham, for appellee.

HORNSBY, Chief Justice.

On July 10, 1990, Evangelene A. Smith brought an ejectment action against Rosetta S. Meadows. Smith alleged that she was the owner of certain real property in Birmingham, Alabama, and that Meadows had entered the property, had rented the property to another, and was planning to erect a fence around the property. The complaint sought injunctive relief to prevent any alterations to the property and to prevent interference with Smith's possession of the property, and sought mesne profits. Meadows averred in her answer that if it was determined that she had no interest in the property, then she had been in adverse possession of the property for more than three years and that during that time she had permanently improved the property. Thus, Meadows claimed the rights and benefits of Ala.Code 1975, § 6-6-286. Section 6-6-286 provides:

"(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he, and those whose possession he has, have, for three years next before the commencement of the action, had adverse possession thereof, which must be construed to mean the same character of possession as will put in operation the statute of limitations. In such case, if the jury finds for the plaintiff, it must also ascertain by its verdict whether such suggestion is true or false. If the jury finds it to be false, it must return a verdict for the damages as in ordinary cases. If the jury finds it to be true, it must assess the value, at the time of trial, of the permanent improvements made by the defendant, or those whose estate he has, and also ascertain by its verdict the value of the lands and of the use and occupation thereof, not including the increased value by reason of such improvements.

"(b) If the value of the use and occupation as assessed exceeds the value of the permanent improvements made, judgment must be entered against the defendant for the excess. If the value of the improvements exceeds the value of the use and occupation, no writ of possession shall issue for one year after the entry of the judgment unless the plaintiff or his legal representative pays the defendant, or deposits with the clerk for him, the excess of the assessed value of the improvements over the value of the use and occupation. If the plaintiff or his legal representative neglects for the term of one year to pay such excess, and the defendant or his legal representative within three months after the expiration of the year pays to the plaintiff, or to the clerk for him, the value of the land and of the use and occupation thereof as assessed by the jury, the plaintiff is forever barred from his writ of possession and from commencing any action whatever against the defendant, his heirs or assigns to recover such land or the possession thereof."

Alternatively, and irrespective of the statute, Meadows asserted that she had made the improvements in good faith and was, therefore, entitled to set off the value of such improvements against Smith's claim for monetary damages.

There appears to be no dispute that Smith is the rightful owner of the property at issue. Meadows simply claims that she had a good faith belief that she had an ownership interest in the property of such a character that justified her expending money to improve the house. Meadows's belief arises from the fact that her father owned the property and she resided on the property during her childhood. Following her father's death, Meadows's stepmother resided on the property until her death. Thereafter, Meadows says, the property was occupied by persons Meadows believed to be heirs of her stepmother. Meadows asserts that she has no memory of a sale for division or of having received payment for her interest in the property.

However, Smith presented evidence that clearly proves that she holds the title to the property. Smith's claim to the property derives from the will of her aunt, who died in November 1985. Smith's aunt had received title to the property through the will of her husband, Smith's uncle, who had purchased the house in 1959 from two persons who had purchased it at a public sale. A register's deed had conveyed the interest of Meadows and other heirs of Will Small, Meadows's father.

During 1985 or 1986, Meadows became aware that the house on the property was unoccupied. She observed the house in its dilapidated condition and was told by a neighbor that it had been condemned. She saw a sign posted on the house confirming the condemnation. Meadows then went to the Birmingham City Hall and inquired about the property. She was told that the house would be torn down if it was not repaired. She says that because she believed that she had an interest in the property as an heir of her father, she consulted a lawyer with regard to whether her interest permitted her to repair the house. The lawyer advised her that her interest authorized her to repair the house. Meadows then employed a contractor to repair the house for $10,000. After the contractor completed the work in June 1987, Meadows rented the house to Rosie Mae Williams for $249.00 per month. After the tenant died, Meadows's daughter lived in the house. Meadows claimed that no one questioned her control of the property from the time it was repaired until Smith brought suit in July 1990.

The trial court held that Meadows was not entitled to any reimbursement for the value of the permanent improvements made by her. The court found that Meadows did not possess color of title and held, therefore, that she was not entitled to the benefits of § 6-6-286. The court further found that Meadows could not have had a bona fide belief that she was the owner of the property and therefore was not entitled to set off the value of the permanent improvements against the rent received by her. Therefore, the trial court entered a summary judgment in favor of Smith, ordered Meadows to vacate the property, ordered a writ of possession in favor of Smith, and entered a judgment against Meadows for $8,964.00.

The Court of Civil Appeals affirmed the trial court's judgment. 598 So.2d 906. In her petition for certiorari review, Meadows claimed that the Court of Civil Appeals erred in affirming the summary judgment because, she argues, color of title is not required in order for her to get relief under § 6-6-286, and, alternatively, she claims she had a common law right to set off the value of improvements against the rent received. Meadows further claimed that the Court of Civil Appeals erred in affirming the trial court's assessment of damages, which was based on a consideration of the enhanced value of the property.

Rule 56, A.R.Civ.P., sets forth a two-tiered standard for entering summary judgment. The rule requires the trial court, in order to enter a summary judgment, to determine (1) that there is no genuine issue of material fact, and (2) that the moving party is entitled to a judgment as a matter of law. The burdens placed on the moving party by this rule have often been discussed by this Court:

" 'The burden is on one moving for summary judgment to demonstrate that no genuine issue of material fact is left for consideration by the jury. The burden does not shift to the opposing party to establish a genuine issue of material fact until the moving party has made a prima facie showing that there is no such issue of material fact. Woodham v. Nationwide Life Ins. Co., 349 So.2d 1110 (Ala.1977); Shades Ridge Holding Co. v. Cobbs, Allen & Hall Mortg. Co., 390 So.2d 601 (Ala.1980); Fulton v. Advertiser Co., 388 So.2d 533 (Ala.1980).' "

Berner v. Caldwell, 543 So.2d 686, 688 (Ala.1989) (quoting Schoen v. Gulledge, 481 So.2d 1094, 1096-97 (Ala.1985)).

The standard of review applicable to a summary judgment is the same as the standard for granting the motion, that is, we must determine whether there was a genuine issue of material fact and, if not, whether the movant was entitled to a judgment as a matter of law. Our review is further subject to the caveat that this Court must review the record in a light most favorable to the nonmovant and resolve all reasonable doubts against the movant. Wilson v. Brown, 496 So.2d 756, 758 (Ala.1986); Harrell v. Reynolds Metals Co., 495 So.2d 1381 (Ala.1986). See also Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990).

Because this action was not pending on June 11, 1987, Ala.Code 1975, § 12-21-12, mandates that the nonmovant, Meadows, meet her burden by "substantial evidence." Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). Under the substantial evidence test...

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3 cases
  • Jordan v. Mitchell
    • United States
    • Alabama Court of Civil Appeals
    • October 17, 1997
    ... ... he "had no claim of title at all when he began his improvements" and he "had notice of [the titleholder's] adverse claim to the property"); Ex parte Meadows, 598 So.2d 908, 912 (Ala.1992) (improver of property was not entitled to the value of her improvements because "the undisputed evidence ... ...
  • Kellis v. Estate of Schnatz
    • United States
    • Alabama Court of Civil Appeals
    • February 27, 2009
    ...consisting of the testimony of Petie Schnatz, establishes that, on the date Kellis took possession of the property, see Ex parte Meadows, 598 So.2d 908, 912 (Ala.1992) (holding that reasonable rental value should be computed based on such value at the time purchaser obtained possession), th......
  • Meadows v. Smith
    • United States
    • Alabama Court of Civil Appeals
    • March 6, 1992
    ...Judge. William H. Mills of Redden, Mills & Clark, Birmingham, for appellants. Jo Alison Taylor, Birmingham, for appellee. Prior Report: 598 So.2d 908. AFTER REMAND FROM SUPREME ROBERTSON, Presiding Judge. The prior judgment of this court has been affirmed in part, reversed in part, and the ......

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