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HIGHTOWER v. PENDERGRASS

662 S.W.2d 932 (1983)

Daniel R. HIGHTOWER, et ux., Plaintiffs-Appellants, v. Henry P. PENDERGRASS, et ux., Defendants-Appellees.

Supreme Court of Tennessee, at Nashville.

Opinion on Petition to Rehear December 27, 1983.

Attorney(s) appearing for the Case

Robert J. Walker, L. Wearen Hughes, Bass, Berry & Sims, Nashville, for plaintiffs-appellants.

O.B. Hofstetter, Jr., Nashville, for defendants-appellees.

OPINION

ALLISON B. HUMPHREYS, Special Justice.

This is an adverse possession case in which the question is, whether or not the permissive use of the disputed premises by the legal title holder, plaintiffs-appellants, amounts to such a re-entry as to oust the adverse holder and make unavailable the benefit of the seven year statute of limitations provided by T.C.A. § 28-2-1031...

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