Simmons v. Woerner Bros. Partnership

MONROE, Judge.

In August 1992, Debra Rhodes Simmons made an offer on about 15 acres of property owned by Woerner Brothers Partnership, a real estate business. At Simmons’ request, the offer was subject to a survey. After Simmons had purchased the property, Thomas Feely, the man who had sold the property to Woerner Brothers, told her that a fence on what she thought was her property was the boundary line between her property and the property of her neighbor, Joseph Legenstein. Using the fence line as the property line reduces Simmons’s property by 40 feet.

Simmons filed a complaint against…