Roy G. Butler v. David A. Still

This is a dispute to quiet title to 5 acres between the owners of adjacent tracts. Both parties claim ownership of the disputed property along their common boundary by color of title. At issue is whether the plaintiff satisfied the requirements of Tennessee Code Annotated _ 28-2- 105 for quieting title to lands under color of title by establishing the deed had been recorded for at least 30 years and the property at issue had been adversely possessed by the plaintiff or his predecessors in title for at least 7 years. The trial court ruled in favor of the plaintiff finding that the plaintiff and his predecessors had adversely possessed the disputed property for more than 7 years and that the plaintiff's claim derived from a metes and bounds description in a 1961 deed, which was of record for more than 30 years. Finding the evidence preponderates in favor of the trial court's ruling, we affirm.