Retherford v. Daniell

OPINION

SUTIN, Judge.

Defendants appeal from a judgment for plaintiff which involved a boundary and easement dispute. We affirm.

The trial court made the following pertinent findings and conclusions of law.

1. The north-south fence now separating the property owned by plaintiff Retherford designated as tract one, and the property owned by the defendants Humphrey designated as tract two was built by defendant Daniell on the land of plaintiff and does not lie upon the correct boundary between the parties’ property. [Emphasis added]

2. The defendant Daniell while he owned and occupied tract two…