O'DELL v. Stegall

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a civil conspiracy must be based on an underlying tort
• discussing various definitions of the phrase \clear and convincing\ and noting that, as the highest possible standard of civil proof, \clear and convincing\ evidence is more than a mere preponderance but less than proof beyond a reasonable doubt
• “[I]n the context of prescriptive easements, an ‘adverse use’ of land is a wrongful use, made without the express or implied permission of the owner of the land.”
• “[A] civil conspiracy must be based on some underlying tort or wrong”
• “The plaintiff bore the burden of proving . . . that he (or his predecessors in title) (1) adversely used the gravel lane against the interests of its owner . . . .” (emphasis added)
• “A person claiming a prescriptive easement must prove each of the following elements: (1) the adverse use of another’s land; (2) that the adverse use was continuous and uninterrupted for at least ten years; (3

Source: CourtListener parenthetical corpus (CC0).