Smith v. Billings

Clark, Judge.

The plaintiffs in this case filed suit against a mother and son for trespass to realty. The claim for damages is based upon defendants having leveled a chain link fence which plaintiffs had erected upon land believed to be their property. Defendants contend the fence to have been built on their land and therefore its destruction was not a trespass. At one time the mother owned both parcels of land but had conveyed plaintiffs’ parcel to her son who was a predecessor in title of the plaintiffs. Four interlocutory orders were entered in this case on December 3,1973, and the trial…