SCHMUTZER v. SMITH


679 S.W.2d 453 (1984)

Alfred C. SCHMUTZER, et ux., Plaintiffs-Appellants, v. Mrs. Frank SMITH, Defendant-Appellee.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied October 29, 1984.


Attorney(s) appearing for the Case

David B. Maxwell, Sevierville, for plaintiffs-appellants.

James A.H. Bell, Knoxville, for defendant-appellee.


Permission to Appeal Denied by Supreme Court October 29, 1984.

OPINION

FRANKS, Judge.

In this action, plaintiffs sought to enjoin the construction of a roadway across their property and damages due to defendant's alleged trespass. The trial court dismissed the suit, finding "there is an easement and right-of-way on and over the lands of the original plaintiffs as it is presently situated." Plaintiffs1 have appealed.<...

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