Supreme Court of Alabama
John William Riley v. Kenneth R. Boles (Appeal from Autauga Circuit Court: CV-21-900119).
January 12, 2024
Summary
The court affirmed the denial of Riley's motion to dismiss because Boles's complaint alleged an actual controversy between parties with adverse legal interests. It reversed the declaratory judgment because Boles failed to prove the required twenty years of adverse use by himself and his predecessors in title, and Edmondson's use could not be tacked because Edmondson was not a predecessor in title. The cause was remanded for further proceedings consistent with the opinion.