“‘Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully.’” (quoting Strickland v. Markos, 566 So.2d 229, 233 (Ala.1990))
How later courts described this case
- “‘Possession is hostile when the possessor holds and claims property as his own, whether by mistake or willfully.’” (quoting Strickland v. Markos, 566 So.2d 229, 233 (Ala.1990))
Written by the judges who cited it.
The opinion
On Application far Rehearing
MOORE, Judge.
On application for rehearing, Doris Hardy argues that, as to her unjust-enrichment claim, Ronald W. Smith and Nancy R. Smith should carry the burden of proving that Hardy received a benefit sufficient to offset her payments. We note, however, that “generally a plaintiff bears the burden of proving the essential elements of his [or her] claims.” Ex parte Blue Cross & Blue Shield of Alabama, 773 So.2d 475, 478 (Ala.2000). Here, Hardy has cited no legal authority contrary to the general rule. Thus, we overrule Hardy’s application for a rehearing.
APPLICATION OVERRULED.
THOMPSON, P.J., and PITTMAN and THOMAS, JJ., concur.
DONALDSON, J., recuses himself.