SHEARER v. VANDERGRIFF


661 S.W.2d 680 (1983)

C. Wayne SHEARER and wife, Velma Shearer, Appellants, v. Howard Davis VANDERGRIFF and wife, Mary Irene Vandergriff, Appellees.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied December 19, 1983.


Attorney(s) appearing for the Case

Richard P. Jahn, Jr., Tanner, Jahn, Atchley, Bridges & Jahn, P.C., Chattanooga, for appellants.

Robert A. Frazier, Chattanooga, for appellees.


OPINION

JOHN K. BYERS, Special Justice.

The issue in this case is whether T.C.A. § 28-2-1031 bars the action of the appellants 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...

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