Liberty Nat. Bank & Trust Co. v. Merchant's & Manufacturer's Paint Co.

Opinion op the Court by

Judge Latimer

Reversing.

Appellee, Merchant’s and Manufacturer’s Paint Company, brought this action against the appellant, Liberty National Bank and Trust Company, seeking to restrain appellant from interfering with appellee’s use of an old party wall; to be declared the sole owner of the wall and entitled to the exclusive right to the use of it; and damages by reason of the fact that appellant had used the wall since January 1, 1944 for the purpose of advertising.

In its petition appellee, plaintiff below, stated that it is the owner and in possession of certain real…