Philpot v. State
| Court | Supreme Court of Alabama |
| Writing for the Court | HOUSTON, Justice. |
| Citation | 843 So.2d 122 |
| Decision Date | 14 June 2002 |
| Parties | Caroline Chapman PHILPOT et al. v. STATE of Alabama et al. |
843 So.2d 122
Caroline Chapman PHILPOT et al.v.
STATE of Alabama et al
1002116.
Supreme Court of Alabama.
June 14, 2002.
Rehearing Denied August 30, 2002.
John F. Porter III, Scottsboro, for appellee Jacobs Bank.
J.R. Brooks, William B. Tatum, and Jeffrey T. Kelley of Lanier Ford Shaver & Payne, P.C., Huntsville, for appellee RBC Limited Partnership.
This action was originally brought by the State of Alabama in the Probate Court of Madison County as a petition to condemn a strip of land that abuts U.S. Highway 72 East in Huntsville. Caroline Chapman Philpot, individually and as trustee under the last will and testament of Elizabeth H. Chapman; Rosalie Pettus Price; Reuben Chapman V; and Erle Pettus, Jr., individually and as trustee under the last will and testament of Reuben Chapman IV (hereinafter collectively referred to as "the Chapman heirs";1 where appropriate, the Chapman heirs shall include their predecessors and the decedents whose estates are represented) and RBC Limited Partnership were made parties to the condemnation action.2 The probate court granted the petition to condemn the property. The State of Alabama, the Chapman heirs, and RBC Limited appealed to the Madison Circuit Court.
In the circuit court, Jacobs Bank and Henson, Inc., were allowed to intervene as defendants based on their claims that they owned portions of the strip of land. The Chapman heirs then brought as a cross-claim a declaratory-judgment action against RBC Limited, Jacobs Bank, and Henson, Inc. (hereinafter collectively referred to as "the defendants"), to determine who actually owned the land. After an evidentiary hearing, the circuit court found that the defendants owned the land in fee simple absolute. The Chapman heirs filed a motion for a new trial, or in the alternative, a motion to alter, amend, or vacate the judgment. The motion was denied, and after the trial court certified its judgment as final pursuant to Rule 54(b), Ala. R. Civ. P., the Chapman heirs appealed. We reverse and remand.
In 1932, the Chapman heirs conveyed to Madison County an 80-foot wide by 6,100-foot long strip of land; U.S. Highway 72 was later constructed on that strip of land. In 1936, the Chapman heirs conveyed to Madison County two additional 60-foot strips of land on either side of the original 80-foot strip. However, the 1936 deed, unlike the 1932 deed, contained a reversion clause; that clause states:
"PROVIDED, HOWEVER, it is understood that the lands herein conveyed and granted from the grantors herein to Madison County, Alabama, is to be used for the purpose of roadside improvements, including grading, constructing of slopes and ditches, planting, beautifying, maintaining and tending; and in the event Madison County or its assigns or the State of Alabama, or its assigns, shall cease to use and maintain the lands herein conveyed as herein provided, and as originally used and maintained hereunder the right of the grantee or its assigns shall cease and determine, and the title to the lands herein conveyed shall revert to the grantors, their heirs or assigns."
In 1963, the Chapman heirs conveyed by a fee simple warranty deed 18 acres of land that abutted the 60-foot strip on the south side of U.S. Highway 72 (the south-side 60-foot strip is hereinafter referred to as "the south strip") to Wikle Enterprises, Inc. Subsequently, through various conveyances, Wikle Enterprises conveyed all of its interest in the 18 acres to the defendants,
The sole issue on appeal is whether the 1963 deed conveying the 18 acres to Wikle Enterprises also conveyed the south strip to the defendants. Typically, when a trial court hears ore tenus testimony, its findings on disputed facts are presumed correct and its judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust. Bearden v. Ellison, 560 So.2d 1042, 1043 (Ala.1990). However, in this case, although the trial court heard ore tenus testimony, the heightened deference...
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State v. $223,405.86, 1141044
...judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.’ Philpot v. State, 843 So.2d 122, 125 (Ala.2002). ‘ "The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence presente......
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Scrushy v. Tucker, 1081424.
...47, 52 (Ala.2007) (quoting New Props., L.L.C. v. Stewart, 905 So.2d 797, 799 (Ala.2004), [70 So.3d 312] quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002)). Scrushy does not challenge the sufficiency of these findings. Instead, he makes the conclusory statement that “he did not......
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Johnson v. City of Mobile, 1140433.
...Bd. v. Parks, 977 So.2d 440, 443 (Ala.2007) (quoting Fadalla v. Fadalla, 929 So.2d 429, 433 (Ala.2005), quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002) ). ‘ “The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence prese......
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King v. Campbell, 1060804.
...judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.' Philpot v. State, 843 So.2d 122, 125 (Ala. 2002). `However, where the facts before the trial court are essentially undisputed and the controversy involves questions of law ......
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State v. $223,405.86, 1141044
...judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.’ Philpot v. State, 843 So.2d 122, 125 (Ala.2002). ‘ "The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence presente......
-
Scrushy v. Tucker, 1081424.
...47, 52 (Ala.2007) (quoting New Props., L.L.C. v. Stewart, 905 So.2d 797, 799 (Ala.2004), [70 So.3d 312] quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002)). Scrushy does not challenge the sufficiency of these findings. Instead, he makes the conclusory statement that “he did not......
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Johnson v. City of Mobile, 1140433.
...Bd. v. Parks, 977 So.2d 440, 443 (Ala.2007) (quoting Fadalla v. Fadalla, 929 So.2d 429, 433 (Ala.2005), quoting in turn Philpot v. State, 843 So.2d 122, 125 (Ala.2002) ). ‘ “The presumption of correctness, however, is rebuttable and may be overcome where there is insufficient evidence prese......
-
King v. Campbell, 1060804.
...judgment based on those findings will not be reversed unless the judgment is palpably erroneous or manifestly unjust.' Philpot v. State, 843 So.2d 122, 125 (Ala. 2002). `However, where the facts before the trial court are essentially undisputed and the controversy involves questions of law ......