Phillips v. Isham

This controversy arises out of the admitted encroachment by defendants upon plaintiffs’ property. The judgment of the trial court required defendants to pay plaintiffs the sum of $250 within 20 days and that on compliance therewith defendants would be declared to be the owners of the land in question but in the event of default in such payment that plaintiffs have judgment quieting their title, that the encroachments be removed from their property and that defendants pay to them the sum of $1.00 as damages.

Plaintiffs’ sole contention upon appeal, which appears to be well founded, is that…