Foster v. Hill

MATHERNE, Judge.

This lawsuit is an action of forcible entry and detainer wherein the plaintiff seeks to regain the possession of a strip of land fenced off by the defendant. The trial judge awarded the plaintiff possession, and the defendant appeals claiming this action as error.

By deed dated January 25, 1957, the defendant purchased a tract of land 210 feet by 210 feet located in the northeast corner of a 74 acre tract. On October 23, 1958, the plaintiff purchased the remainder of the 74 acre tract, and the calls in the plaintiff’s deed very clearly exclude the 210 by 210 foot lot as…