Rudisail v. Allison

GREENE, Judge.

Plaintiffs Ada Dalton Rudisail and Howard Rudisail (the Rudisails) appeal from the trial court’s grant of summary judgment in favor of defendants Connie and Maudine 0. Allison (the Allisons).

Mrs. Rudisail and the Allisons own adjoining property in Henderson County. Mr. Rudisail has a marital interest in Mrs. Rudisail’s property. In 1961 the Allisons constructed a house on their property. In 1967 the Rudisails erected a fence which they allege is inside the boundary line of their property. The Rudisails built the fence inside their property line because “it was a rough barbed…