Smith v. Cherry

RICHARD L. HOLMES, Retired Appellate Judge.

This case involves the issue of adverse possession in a boundary line dispute between coterminous landowners in Mobile County, Alabama.

In June 1994 Verlon Smith and his son-in-law, Aubrey Etheridge Cochran, filed a complaint against George L. Cherry, Jr., and Loretta S. Cherry, adjoining property owners. The complaint sought to have the trial court enjoin the Cherrys from taking any action that would alter or change the condition of two strips of disputed property. Thereafter, the Cherrys filed an answer and a counterclaim, wherein they sought to…