HADDAD FAMILY PARTNERSHIP v. DAVID POUNCEY, ET AL. - Articles

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Posted by: Chandra Williams on Jul 21, 2015

Court: TN Court of Appeals

Attorneys 1:

David Edward Owen, Covington, Tennessee, for the appellants, David Pouncey, Wilbur David Pouncey Living Trust, Willard Berford, Casey Berford, and Rodney Berford.

Attorneys 2:

Thomas D. Forrester and Rachel Kathryn Gangaware, Covington, Tennessee, for the appellee, Haddad Family Partnership.

Judge(s): GIBSON

This case involves a dispute over the boundary line between two neighboring tracts of farmland. The owner of one farm brought this action alleging that the neighbor crossed the common boundary line between the tracts and harvested or destroyed crops during three consecutive years. At trial, the parties presented conflicting surveys, each purporting to establish the correct boundary line between the properties at issue. The trial court found the appellee’s survey to be more persuasive and established the line as proposed by the appellee. The trial court also awarded damages to the appellee for the lost crops. Because the evidence does not preponderate against the trial court’s findings, we affirm and remand for further proceedings.

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