Criss v. Johnson

FACTS:

Lowdermilk, J.

In 1973, Criss desired to survey the west boundary line of her property, and, pursuant to IC 1971, 17-3-63-3 (Burns Code Ed.), secured the services of the county surveyor and notified Johnson, who was the landowner immediately east of Criss’ property.

After the completion of the survey, Johnson received notice from the surveyor that a legal survey was filed on June 29, 1973. No action was taken by Johnson until November 21, 1973, when an appeal from the survey was filed in the Clay Circuit Court. This appeal was subsequently dismissed on Criss’ motion, which alleged that…