Webb v. City of Demopolis

THOMAS, Judge.

On September 14, 2006, Henry Winder Webb, Martha Virginia W. Jackson, Caro F.W. Osborne, and Mem Creagh Webb II (hereinafter collectively referred to as “the Webb family”) filed a complaint in the Marengo Circuit Court, seeking declaratory relief with respect to property located in the City of Demopolis (“the City”) that they claim to own by virtue of adverse possession and upon which the City claims a right-of-way. On October 13, 2006, the City, arguing that the doctrine of res judi-cata bars the Webb family’s claim, filed a motion pursuant to Rule 12(b)(6), Ala. R. Civ. P., to…