Smith v. E. B. Burney Construction Co.

Grice, Presiding Justice.

This appeal involves a dispute between adjoining landowners over an encroaching concrete driveway and dog pen.

The suit was initiated by Lurline T. Smith and Mark A. Smith, Jr., in the Superior Court of DeKalb County against E. B. Burney Construction Company and E. B. Burney.

The complaint alleged in substance that since 1957 the appellants had been owners of Lot 2, Block C of a certain described subdivision in DeKalb County and the appellees were in possession of a tract of land adjoining theirs; that the appellees had gone upon appellants’ land to have a survey made…