Roper v. Durham

Marshall, Chief Justice.

Roper and his brother conveyed a parcel of land to Jerry Durham, Roper’s son-in-law. Durham and Roper’s daughter later were separated, and Roper’s daughter and her two children continued to live in the house on the tract. Durham and Roper’s daughter had an agreement that she would move out when their younger child finished school. She declined to move at that time. Durham threatened litigation, whereupon she moved, and her father, Roper, erected a chain-link fence along the Roper-Durham boundary, about four and one half feet from Durham’s house. Durham sued, alleging…