Hingle v. Gann
Decision Date | 02 March 1979 |
Citation | 368 So.2d 22 |
Parties | Dovie B. HINGLE v. Robert L. GANN and Margaret Gann. 78-16. |
Court | Alabama Supreme Court |
Carolyn D. Gaines of Chestnut, Sanders & Sanders, Selma, for appellant.
Charles E. Robinson of Church, Trussell & Robinson, Pell City, for appellees.
This is a boundary line dispute. The appellant frames the issue here as follows:
"Whether a party can specifically plead that a boundary line between a coterminous landowner is a section line and subsequently have the boundary line established solely on a claim of adverse possession without regard to the section line and without prior notice to the defendant." Unquestionably, plaintiff did allege that:
(Emphasis added). Defendant answered this allegation with:
"Defendant admits the allegations in paragraph 4 of said complaint except the portion averring that the boundary line is marked by a fence that has been on the premises for more than thirty-two years which Defendant denies and demand strict proof thereof."
The court decreed:
The "encroachment fence" referred to in the order is obviously not on the government survey line; therefore, it is quite apparent that the court determined that the "encroachment fence" had been established as the boundary by adverse possession.
When plaintiffs rested, the following colloquy occurred:
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Phillips v. Montoya
...were implicitly denied when the judgment entered established a boundary line but did not award any money damages. Hingle v. Gann, 368 So.2d 22, 23–24 (Ala. 1979). Additionally, this court has held that when a trial court awards no damages on a claim, that claim is implicitly denied. Ervin v......
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McIver v. Bondy's Ford, Inc.
...claims were implicitly denied. See Coosa Valley Youth Servs. Corp. v. Etowah County, 460 So.2d 1232 (Ala. 1984), and Hingle v. Gann, 368 So.2d 22 (Ala.1979). 2 Section 6-5-101, Ala.Code 1975, "Misrepresentation of a material fact made willfully to deceive, or recklessly without knowledge, a......
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Bradley v. Bauldree
...relief under his counterclaim. SeeHousing Auth. of Chickasaw v. CBE, Inc., 656 So.2d 1219, 1221 (Ala.Civ.App.1995) (citing Hingle v. Gann, 368 So.2d 22 (Ala.1979)) (“[W]here a judgment is rendered for one party for the total amount claimed and the judgment is silent as to the counterclaim o......
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Webb v. City of Demopolis
...the Webb family's request for injunctive relief. Accordingly, we conclude that the judgment is final and appealable. Cf. Hingle v. Gann, 368 So.2d 22 (Ala.1979) (holding that when judgment established true boundary between the parties but made no mention of cross-claims alleging trespass, b......