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Carpenter v. Huffman

314 So. 2d 65 (1975)

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Carpenter v. Huffman

Alabama Supreme Court

314 So. 2d 65 (1975)

Facts

In 1953, Phil Alexander built a fence on what he believed to be the boundary line of his property. In actuality, the fence was placed 40 feet into the lot to the north. In 1959, Alexander sold a portion of his property to Lizzie Huffman (defendant). The sale’s description of the property included the 40-foot strip on the neighboring lot. Huffman built a house on the property, half of which was on the 40-foot strip. Huffman also built a pump on the strip and a driveway partially on the strip. Ralph and Dorothy Carpenter (plaintiffs) purchased the property to the north of the Alexander/Huffman lot. The Carpenters’ grantor told them that the fence was not on the correct boundary line. In approximately 1974, the Carpenters asked Huffman to move the house from their property. Huffman refused, at which point the Carpenters brought suit. The trial court ruled that Huffman had obtained title to the 40-foot strip by adverse possession. The Carpenters appealed, arguing that Huffman could not tack her period of adverse possession onto that of Alexander in order to meet the statutorily defined time period.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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