Mahaffey v. Miller

This is an action in boundary and for the demolition or removal of a building in so far as the same may be found to encroach upon plaintiff’s property. From an adverse judgment plaintiff appealed.

The judge a quo handed down a lucid, accurate, and able opinion, which we feel cannot be improved upon, and we therefore adopt it as our own:

“The judicial surveyor in this ease has made a return in which he gives the results of his measurements made in accordance with the two plats, D-2, which is the Elms plat, and P-21, which is the Freeman plat. The platted measurements in the two plats coincide…