Thursday, September 29, 2011

Court reviews an action to recover litigation expenses in a case to quiet title to a portion of property

DAVID DAWSON JOHNSON v. MADISON COUNTY, TENNESSEE (Tenn. Ct. App. September 29, 2011)

Madison County allegedly erroneously mis-assigned and sold a portion of Appellant's property. Many years later, in 2006, Appellant learned of the alleged mistake and filed suit to quiet title against Madison County, two former owners, and the then-current property owner. In 2010, the matter was settled prior to trial, and the property was returned to Appellant. Appellant then filed suit against Madison County seeking to recover his litigation expenses incurred in the action to quiet title. The trial court, however, dismissed his claims as time-barred. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/johnsond_092911.pdf