HONEY BUNCH v. B.F. BUNCH - Articles

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Posted by: Chandra Williams on Oct 15, 2015

Court: TN Court of Appeals

Attorneys 1:

David A. Stuart, Clinton, Tennessee, for the appellant, B.F. Bunch.

Attorneys 2:

Robert W. Wilkinson, Oak Ridge, Tennessee, for the appellee, Honey Bunch.

Judge(s): SWINEY

Honey Bunch (“Plaintiff”) filed suit seeking partition by sale of a parcel of real property located in Anderson County, Tennessee. B.F. Bunch (“Defendant”) filed a counterclaim alleging, in pertinent part, that a quit claim deed of a portion of the property was void for lack of capacity, undue influence, or fraud, and that the property at issue should be partitioned in kind. After a trial, the Chancery Court for Anderson County (“the Trial Court”) found and held, inter alia, that the quit claim deed was valid and that the remaining property should be partitioned by sale. Defendant appeals raising issues regarding whether the Trial Court erred in finding the quit claim deed valid, whether the Trial Court erred in finding that the property should be partitioned by sale, and whether the Trial Court erred in prohibiting Defendant from using a common driveway. We find and hold that the evidence in the record on appeal does not preponderate against the Trial Court’s findings, and we find no error by the Trial Court. We affirm.