BILLY BUTLER, ET AL. v. MALVIN CARVIN PITTS, JR., ET AL. v. MARILYN JAMES MORRIS, ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on Feb 12, 2016

Court: TN Court of Appeals

Attorneys 1:

James S. Haywood, Jr., Brownsville, Tennessee, for the appellants, Malvin Carvin Pitts, Jr., Malvin Carvin Pitts, III, and Marcia Lee Pitts.

Attorneys 2:

Joshua B. Shearon, Brownsville, Tennessee, for the appellees, Marilyn James Morris, Ewell E. James, and William B. James.

Judge(s): ARMSTRONG

This is an easement case. Appellants, the servient land owners, appeal the trial court?s grant of summary judgment in favor of the Appellees, the former owners of both the dominant and servient tracts of land. Based on the fact that the disputed easement was recorded prior to the sale to the Appellants, the trial court determined that there was no dispute as to any material fact and that Appellees were entitled to summary judgment as a matter of law. We affirm in part, reverse in part, and remand for further proceedings in accordance with this opinion.