B. NATHAN HUNT ET AL. v. DAVID LOWERY ET AL. - Articles

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B. NATHAN HUNT ET AL. v. DAVID LOWERY ET AL.

Posted by: Tanja Trezise on Oct 24, 2019

Court: TN Court of Appeals

Attorneys 1:

David N. Lowery and Thomas E. Smith, Clarksville, Tennessee, pro se.

Attorneys 2:

B. Nathan Hunt, Clarksville, Tennessee, for the appellee, Estate of Waltraud Elisabeth LeMonte, and pro se.

Judge(s): BENNETT

This is an unlawful detainer action in which the owner permitted the defendants to live in her house rent-free. The owner was later declared incompetent, and her daughters/coconservators sought to evict the defendants. The general sessions court awarded the coconservators possession, and the defendants appealed to circuit court. Once the owner died, an administrator was substituted for the co-conservators as the plaintiff. The circuit court awarded the administrator rent for the period between the date the detainer summons was filed and the date the owner died. The defendants appealed, and we reverse the trial court’s judgment. Neither the co-conservators nor the administrator ever filed a pleading seeking an award of rent from the defendants; therefore, the trial court erred when it awarded rent to the administrator.

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