Allen Cronier v. ALR Partners L.P.

TINDELL, J., CONCURRING IN PART AND DISSENTING IN PART:

¶ 41. While I concur with the majority opinion as it pertains to the award of attorney fees, on the issue of adverse possession, I must respectfully dissent. "Clear and convincing" is a high order of proof that requires even more proof than "overwhelming weight of the evidence." Bailey v. Woodcock (In re C.B.) , 574 So.2d 1369 , 1375 (Miss. 1990). To prevail upon an adverse-possession claim, one must prove each of its six required elements by this extraordinarily high standard of proof. West v. Brewer , 579 So.2d 1261 , 1262 (Miss. 1991).…