Keappler v. Miller

Almand, Justice.

Ernest G. Miller, Jr., Bobby L. Holloway, William A. Miller and Sam M. Weyman brought their equitable petition for specific performance of an alleged oral contract in Fulton Superior Court against Mr. and Mrs. Ernest W. Keappler. The petition in substance alleged that the plaintiffs and defendants were owners of adjoining tracts of land; that “prior to the purchase by petitioners of their said land, the defendant, along a distance of about 450 feet along said common boundary line, had caused the grade level of his land to be excavated below natural grade and thereby created an…