Robert W. Smith, et al. v. Maxie Jones d/b/a Tennessee River Investors

This appeal stems from a boundary line dispute. Mr. Jones sold the Smiths two lots within a subdivision in Hardin County. It is undisputed that the Smiths bought Lots 87 and 88 on September 11, 2012. Several years later, Mr. Jones claimed that the Smiths had encroached on “Lot 89.” The Smiths insisted they occupied only the 80 linear feet purchased from Mr. Jones. When the parties were unable to come to a resolution, the Smiths filed suit in chancery court to quiet title to Lots 87 and 88, declare the lot numbers on the survey misnumbered, and prayed for damages for slander of title and attorney’s fees. Mr. Jones filed a counter-complaint to quiet title to “Lot 89,” for ejectment, conversion and/or civil theft, civil conspiracy, breach of contract, defamation, and punitive damages. After a bench trial, the trial court held that “Lot 89” did not exist, granted damages to the Smiths for slander of title, and dismissed Mr. Jones’s counter-complaint. We affirm the trial court’s holding that “Lot 89” does not exist and the dismissal of Mr. Jones’s counter-complaint. We vacate the court’s decision as to slander of title, reverse the grant of attorney’s fees as to damages, and remand to the trial court for proceedings consistent with this Opinion.