Mitchell v. Jones

This is an appeal by plaintiffs from a judgment for defendant in an action for damages allegedly caused by acts of the defendant depriving plaintiffs’ property of its lateral support. By her first affirmative defense, defendant alleged that in 1954 she commenced an action against the plaintiffs; that in her complaint she alleged that 11 since 1953 the real property of plaintiffs [defendants therein] . . . was adjacent to the real property of defendant [plaintiff therein] . . . ; that during the years 1953 and 1954 plaintiffs herein excavated . . . the high portion of their said real property…