BOBBY W. MCEARL, ET AL. v. TALMO JOHNSON, ET AL. - Articles

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Posted by: Tanja Trezise on Oct 20, 2014

Head Comment: CORRECTION: On page 4, in footnote 2, the URL address for Best Management Practices has been corrected.

Court: TN Court of Appeals

Attorneys 1:

John E. Talbott and G.W. Sherrod, III, Henderson, Tennessee, for the appellants, Talmo Johnson, Mary Sue Johnson, and the Talmo Johnson Trust.

Attorneys 2:

Terry Abernathy, Selmer, Tennessee, for the appellees, Bobby W. McEarl and Sarah L. McEarl.

Judge(s): ARMSTRONG

This appeal arises from a boundary line dispute. The parties contest the location of the common boundary line between their respective properties. Appellees argue that the boundary line lies at the center of the creek that runs between the parties’ properties. Appellants contend that the boundary lies on the creek’s east bank. Both sides proffered expert testimony to prove the boundary location. The trial court found Appellees’ expert credible. Based on the testimonies of Appellees’ expert and their predecessor in title, and the deeds submitted into evidence, the court determined that the boundary line was located along the centerline of the creek. The trial court also awarded damages to Appellees based on Appellants’ removal of timber from the disputed area. Appellants appeal. Because the evidence does not preponderate against the trial court’s findings, we affirm and remand.

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