Kjellander v. Smith

MeKAY, Justice.

This is an appeal from an order granting a temporary injunction which required Kjellander to remove a fence which Smith alleged ran down the middle of a public road in front of his property, obstructing said road and seriously limiting access to Smiths’ property.

Appellees, plaintiffs below, are the owners of two adjacent lots in Lin wood Estates, a subdivision on the shore of Houston County Lake. Appellant Kjellander owns property directly across the street (Dogwood Lane) from appellees. Although there is some conflict in the testimony, it appears that Kjellander had maintained…