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Tierce v. Ellis

Significance, A Matter Of Inheritance, Presumption Of Paternity, Dissent Urges Justices To Decide By Facts

Appellant

Dennis Ray Tierce

Appellee

Sheila Ellis

Appellant's Claim

That the circuit court ruling that appellant was not the biological son of his father be reversed.

Chief Lawyer for Appellant

Borden M. Ray, Jr.

Chief Lawyer for Appellee

Dan M. Gibson

Justices for the Court

Oscar W. Adams, Jr., Sonny Hornsby, Gorman Houston (writing for the court), Mark Kennedy, Janie L. Shores

Justices Dissenting

Kenneth I. Ingram, Alva Hugh Maddox

Place

Montgomery, Alabama

Date of Decision

10 September 1993

Decision

That the rule of repose, which dictates that claims must be initiated within 20 years, applies to a illegitimacy claim, and that the lower court ruling therefore be reversed.

Related Cases

  • Jackson v. Jackson, 259 Ala 267, 268, 66 So.2d 745, 746 (1953).
  • Ingram v. State of Alabama, 364 So. 2d 329 (1978).
  • Leonard v. Leonard, 360 So.2d 710 (Ala. 1978).
  • Tierce v. Gilliam, 652 So.2d 254 (1994).

Sources

West's Encyclopedia of American Law, Vol. 2. Minneapolis, MN: West Publishing, 1998.

Further Readings

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1989 to 1994