Conduff v. Stone

GARRISON, Presiding Judge.

Rex and Diana Conduff (“Plaintiffs”) brought suit to quiet title to a 192-foot-wide strip of land (the “disputed tract”) between their property and that of George and Barbara Stone (“Defendants”). The trial court found for Plaintiffs, and enjoined Defendants from entering, occupying, or interfering with Plaintiffs’ use of the disputed tract. Defendants appeal. We reverse and remand.

Plaintiffs and Defendants own adjoining properties in rural Newton County. Plaintiffs’ land lies directly north of Defendants’ land. For many years, a fence (the “old fence”) stood 192…