Legal Opinion

Morgan v. Alabama Power Co.

Supreme Court of Alabama

Decided April 5, 1985No. 84-47PublishedCited by 4 opinions

1Opinion of the Court

ADAMS, Justice.

This is an adverse possession case. The sole issue is whether the flooding of land with water to form a reservoir is sufficient possession of the land to satisfy the common law requirements of adverse possession. We hold that such submersion does constitute possession, and we therefore affirm the summary judgment granted in favor of the defendant.

The land in question was originally owned by Uriah F. Jones and Annie F. Jones as tenants in common. Annie F. Jones died intestate. Her one-half interest in the land passed by intestate succession to her ten children as a V20 interest…

2Cases cited3 opinions

  1. Kerlin v. Tensaw Land & Timber Co., Inc.Supreme Court of Alabama · 1980
  2. Harris v. Southeast Portland Lumber Co.Oregon Supreme Court · 1927
  3. Jones v. JonesSupreme Court of Alabama · 1982

3Cited by4 opinions

  1. Strickland v. MarkosSupreme Court of Alabama · 1990
  2. Daugherty v. MillerSupreme Court of Alabama · 1989
  3. Armstrong v. DaileySupreme Court of Alabama · 1987
  4. Tate v. Water Works & Sewer Board of OxfordCourt of Civil Appeals of Alabama · 2016

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