Smith v. Scarpengos

McINNIS, Judge ad hoc.

This is a suit to establish the correct boundary from east to west between properties of plaintiff and defendant, who are vendees of a common author. Plaintiff’s deed is dated July 10, 1946 and that of defendant is dated November 7, 1939. Plaintiff alleges that the fence of defendant encroaches on' his property approximately 35 feet at the north end, and approximately 15.7 feet at the south end of the fence, and asks that a surveyor be appointed to make a survey of the properties, and George E. Dutton was appointed.

Defendant first filed a plea of vagueness and exception,…