Head Comment: CORRECTION: Page 1, The attorney's name has been corrected from "Cowen" to "Cowan."
Court: TN Court of Appeals
Jerry E. Farmer, Murfreesboro, Tennessee, for the appellant, Gerald S. Gabriel.
Nathan S. Luna, Murfreesboro, Tennessee, for the appellees, William Kellerman and
Matthew D. Cowan, Woodbury, Tennessee, for the appellees, Donald Kellerman and Diana
Margie Rigsby Miller, McMinnville, Tennessee, for the appellees, Jesse W. Ferrell and
Connie Jean Ferrell.
Shaun Hill and Edyta Hill, Woodbury, Tennessee, Pro se.
This appeal arises out of a boundary dispute. Following a bench trial, the court determined that the plaintiffs established the boundary line based on an oral boundary agreement between the parties’ predecessors in interest. On appeal, the defendant takes issue with the trial court’s finding that the parties to the oral boundary agreement were uncertain of the location of the original boundary at the time they entered into the agreement. The defendant also takes issue with the trial court’s determination that the plaintiffs’ deed was not void for champerty based on the court’s conclusion that the remnants of the fence the defendant relied on to establish the property line met none of the requirements of adverse possession. After reviewing the evidence presented at the trial, we affirm the trial court’s decision.