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Audie Lowe v. Bill Goad

Citation: Not availableDocket: E2000-02056-COA-R3-CV

Court: Court of Appeals of Tennessee; March 28, 2001; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this boundary line dispute case, the Plaintiffs, who are family members of the Defendants, sought to establish a fence as the agreed boundary line between their properties. The dispute involves approximately 9 acres of wooded land adjacent to pastureland, with the Plaintiffs claiming an agreement between predecessors established the fence as the boundary. However, their deed did not encompass the disputed area. The trial court dismissed the complaint, determining that the Plaintiffs failed to prove a boundary agreement, a decision supported by the lack of a deed and inconsistent witness testimony, particularly from Arlie, whose credibility was questioned due to memory issues. Plaintiffs appealed, challenging the trial court's findings and exclusion of witnesses. The appellate court affirmed the trial court's judgment, emphasizing the Plaintiffs' failure to meet the burden of proof under Tenn. Code Ann. § 16-11-106 and the trial court's discretion in assessing witness credibility and evidence admissibility. The court concluded that the Defendants held rightful ownership of the disputed area, supported by expert surveyor testimony, and remanded the case for further proceedings, assigning costs to the Plaintiffs.

Legal Issues Addressed

Admissibility of Evidence and Witness Testimony in Civil Trials

Application: The court exercised discretion in excluding witnesses identified late by the Plaintiffs, a decision upheld on appeal as not constituting reversible error.

Reasoning: Regarding the exclusion of three witnesses by the Trial Court, the appellate court discerned no reversible error, affirming the Trial Court’s discretion in this matter was not abused.

Boundary Line Dispute under Tennessee Law

Application: The court evaluated whether a fence constituted an agreed boundary line between properties, ultimately finding inadequate evidence to establish such an agreement.

Reasoning: The appellate court affirmed the trial court's judgment, concluding that the fence was not established as the boundary line.

Burden of Proof in Boundary Disputes

Application: The Plaintiffs failed to meet the burden of proving ownership of the disputed area, as required under Tenn. Code Ann. § 16-11-106.

Reasoning: Although Plaintiffs did not explicitly invoke Tenn. Code Ann. § 16-11-106, which requires a plaintiff to 'prove clearly' ownership in boundary disputes, the Trial Court's ruling indicates it found Plaintiffs failed to meet this burden regarding the Disputed Area.

Credibility of Witness Testimony in Property Disputes

Application: The trial court heavily weighed the credibility of witness testimony, particularly dismissing the reliability of a key witness due to memory issues, which significantly influenced the outcome.

Reasoning: Arlie's credibility was pivotal; the Trial Court deemed his testimony unreliable, particularly due to his memory issues stemming from a past stroke.

De Novo Review of Trial Court Findings

Application: The appellate court reviewed the case de novo, respecting the trial court's factual determinations unless evidence strongly indicated otherwise.

Reasoning: The review of the case is conducted de novo, maintaining a presumption of correctness for the Trial Court’s factual findings unless evidence strongly suggests otherwise.