Sherer v. Burton

Plaintiffs, Craig and Ivous Burton, and defendants Harry and Olivia Sherer own adjacent pieces of property in Jasper, Alabama. A dispute arose concerning the construction of an access road to the Burtons' property across that of the Sherers, and the Burtons filed a suit for declaratory judgment.

Service was not perfected on defendants, Harry and Olivia Sherer, but a default judgment was rendered against them on December 21, 1978. When the Sherers learned of the default judgment, they made a motion to have it set aside. Judge Leon Beaird agreed to set aside the default, but he recused himself…