Rafe Blankenship v. Curtis Blankenship

CRAWFORD, Judge. This case involves a boundary line dispute over two separate parcels of property. Plaintiffs' complaint prayed for: (1) an injunction to prevent the defendants from trespassing; (2) a declaration that plaintiffs are owners in fee simple of the disputed properties; and (3) damages for timber cut by defendants. Defendants' answer denied the material allegations of the complaint and contended that plaintiffs should be estopped from claiming title to the property because defendants had open, notorious and hostile possession under color of title for a period of more than twenty years. The Chancellor made no written findings of fact, but entered a decree declaring that plaintiffs had carried the burden of proof, and that the two parcels of disputed property were owned by plaintiffs. The decree further provided that damages for the timber cut had not been proven, and entered judgment for the defendants. The defendants have appealed the ruling of the Chancellor concerning the title to the disputed parcels of property presenting a single issue for review as to each parcel. We will consider the matter as to each parcel separately and will use the designation of the parcels used by the parties, namely the Southern Disputed Tract and the Northern Disputed Tract.