Ex Parte Michael J. Gilley and Susan Helms Gilley. (In Re Demarius Hughes Aman v. Michael J. Gilley and Susan Helms…

Summary

The Alabama Supreme Court reversed the Court of Civil Appeals and remanded, holding that the ore tenus rule applies to the trial court’s factual findings and that there is sufficient evidence of adverse use to support the Gilleys’ prescriptive easement. The Court also instructed the lower appellate court to determine whether the easement issue was tried by implied consent of the parties.