PATSY R. COWART, ET AL. v. LINDA M. HAMMONTREE - Articles

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Posted by: Stacey Shrader Joslin on Nov 27, 2013

Court: TN Court of Appeals

Attorneys 1:

Sarah E. Kennedy, Athens, Tennessee, for the appellant, Linda M. Hammontree.

Attorneys 2:

Russell J. Blair, Athens, Tennessee, for the appellees, Patsy R. Cowart, Debbie Buff, and David Buff.

Judge(s): SWINEY

Patsy Reba Cowart, Debbie Buff, and David Buff (collectively “Plaintiffs”) sued Linda M. Hammontree to establish a boundary line and quiet title on a parcel of real property located in McMinn County, Tennessee. Ms. Hammontree answered and filed a counterclaim for trespass and slander of title, among other things. After trial, the Trial Court entered judgment finding and holding, inter alia, that Plaintiffs had superior title to the disputed real property. Ms. Hammontree appeals to this Court raising issues regarding whether the Trial Court erred in finding that Plaintiffs rebutted Ms. Hammontree’s presumption of ownership pursuant to Tenn. Code Ann. § 28-2-109, and whether the Trial Court erred in dismissing Ms. Hammontree’s claim for slander of title. We find and hold that the evidence preponderates against the finding that Plaintiffs rebutted Ms. Hammontree’s presumption of ownership, but that the Trial Court did not err in dismissing Ms. Hammontree’s claim for slander of title. We reverse, in part, and affirm, in part.

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