Donaldson v. Kohner

Knutson, Chief Justice.

This is an appeal from a judgment entered pursuant to an order of the district court based on findings of fact and conclusions of law in favor of defendants.

Plaintiff is the owner of Lot 3, Block 2, Benson’s Rearrangement of Block 12 of the town of Bald Eagle. Defendants Tako are the owners of adjacent Lot 4 of the same block, the south 50 feet of which was owned by defendant Emelia M. Kohner, who is the mother of defendant Katherine Jean Tako.

Defendants Tako decided to tear down an old house located upon their property and in the spring of 1956 began construction of a…