Spilinek v. Spilinek

Plaintiffs-appellees, Richard Spilinek and Hilda Spilinek, husband and wife, brought an action against Richard’s nephew and his wife, Alvin R. Spilinek and Ellen Spilinek, to settle a disputed boundary by placing it at the true line as determined by survey. They also prayed that a lawful division fence be erected on that line. The defendants-appellants counterclaimed and prayed that the boundary be fixed at a certain fence line. The trial court fixed the boundary at the true line, ordered defendants to remove, at their sole cost, the fence erected by them on plaintiffs’ land, directed that…