Smith v. Rodgers

CRAWFORD, Judge.

Defendants, Charles L. Rodgers and William 0. Plyler, appeal from the order of the Chancery Court requiring them to remove dirt from the property of plaintiffs, J. Reginald Smith, C.B. Coats and Hal Halford.

Plaintiffs, in their complaint filed on December 6, 1979, alleged that they conveyed to defendants in May, 1976, a part of a parcel of property in Jackson, Tennessee, that the defendants constructed a Wendy’s restaurant thereon, and that in 1978 defendants were having erosion problems which resulted in defendants allowing dirt to collect on plaintiffs’ land while defendants…