Cross v. McCurry

OPINION

SANDERS, Presiding Judge (Eastern Section).

The Defendant, Hobbs, has appealed from a chancery decree fixing compensatory damages but denying punitive damages for Plaintiffs’ building encroaching on Defendant’s property and ordering Defendant to execute a quitclaim deed to Plaintiffs for the property involved.

In 1983, Defendant-Appellant Herbert Hoover Hobbs (Hobbs) conveyed a five-acre tract of land located in the 13th Civil District of Sullivan County to Defendants- Appellees Thomas McCurry and wife, Virginia McCurry (the McCurrys). The five-acre tract almost completely surrounded a…