STEPHENS v. RUSH, 454 So.2d 984 (Ala. 1984)

454 So.2d 984

Edna Ruth STEPHENS v. Charles A. RUSH.

83-651.Supreme Court of Alabama.
July 20, 1984.

Appeal from Circuit Court, DeKalb County; W.G. Hawkins, Judge.

W.M. Beck, Sr. of Beck Beck, Fort Payne, for appellant.

Stephen P. Bussman, Fort Payne, for appellee.

PER CURIAM.

Affirmed as to Issue No. 1 (failure to plead adverse possessior) on the authority of A.R.Civ.P. 15 (b) and Bischoff v. Thomasson, 400 So.2d 359 (Ala. 1981); affirmed as to Issue No. 2 (sufficiency of the evidence to support claim of adverse possession) or the authority of Code 1975, § 6-5-200, et seq., and Hand v. Stanard, 392 So.2d 1157 (Ala. 1980).

AFFIRMED.

TORBERT, C.J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur.