Legal Opinion

Shearer v. Vandergriff

Tennessee Supreme Court

Decided November 7, 1983PublishedCited by 12 opinions

1Opinion of the Court

OPINION

JOHN K. BYERS, Special Justice.

The issue in this case is whether T.C.A. § 28-2-1031 bars the action of the appel*681lants to compel the removal of a fence which was erected by the appellees to prevent the appellants from using an easement2 which was appurtenant to the land of the litigants.

The chancellor found the suit of the Shearers was not barred by the limitation of T.C.A. § 28-2-103. The Court of Appeals reversed the judgment of the chancellor and held the suit was barred by this statute.

The application for permission to appeal was granted to resolve an apparent conflict between the…

2Cases cited3 opinions

  1. Boyd v. HuntTennessee Supreme Court · 1899
  2. Peoples v. HagamanCourt of Appeals of Tennessee · 1948
  3. German v. GrahamCourt of Appeals of Tennessee · 1972

3Cited by12 opinions

  1. Cumulus Broadcasting, Inc. v. ShimTennessee Supreme Court · 2007
  2. Cross v. McCurryCourt of Appeals of Tennessee · 1993
  3. Angela Wentworth v. Robert TurnerCourt of Appeals of Tennessee · 2025
  4. Cumberland Bend Investors v. Ambrose PrintingCourt of Appeals of Tennessee · 1999
  5. Donna Babb Frinks v. Patricia Eileen HorvathCourt of Appeals of Tennessee · 2017

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