Dorman v. Malloy

HIGHTOWER, Chief Justice.

Appellee, Frank J. Malloy, brought this action against the appellant, Clarence A. Dorman, for an injunction enjoining him from removing a fence situated on a portion of the property in controversy. Appellant counterclaimed for partition alleging that the parties hereto were co-tenants in the property. The appellee answered such cross-action by a general denial, a plea of “not guilty”, and by setting up the various statutes of limitation, claiming to be sole owner of the property described in such answer and cross-action. Appellee filed motion for summary judgment…