Robinson v. Trousdale County

516 S.W.2d 626 (1974)

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Robinson v. Trousdale County

Tennessee Supreme Court
516 S.W.2d 626 (1974)

Facts

Mr. Robinson and Mrs. Robinson (plaintiffs) owned land in Trousdale County, Tennessee, as tenants by the entirety. The county (defendant) wanted to acquire the land in order to widen a public highway. Mr. Robinson unilaterally executed a deed that conveyed the land to the county. Later, Mr. and Mrs. Robinson sued the county for damages for taking the land. The county alleged that neither of the Robinsons had any right to damages because Mr. Robinson had conveyed the land by deed to the county. The lower court held that Mr. Robinson was estopped from claiming any damages because of his conveyance to the county but awarded Mrs. Robinson $530 for her interest in the land. The Robinsons and the county appealed. The court of appeals affirmed the lower court’s decision but modified the disposition of Mrs. Robinson’s award. The court directed the clerk of the court to hold the $530 and invest it for so long as both Mr. and Mrs. Robinson were alive, after which, if Mrs. Robinson died first, the money would be returned to the county. But if Mrs. Robinson survived her husband, the money would be finally distributed to her. Both the Robinsons and the county petitioned the state supreme court for certiorari. The supreme court granted certiorari only in regards to the disposition of Mrs. Robinson’s damages award.

Rule of Law

Issue

Holding and Reasoning (Henry, J.)

Concurrence (Henry, J.)

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