Malnar v. Whitfield

HARGRAVE, Justice.

This is an appeal from a judgment of the District Court of Tulsa County denying the defendant’s request to permanently enjoin plaintiff’s encroachment on his real property-

A portion of plaintiff Malnar’s single story stone building was inadvertently constructed on defendant Whitfield’s property. Upon discovery of the encroachment, Mal-nar instituted legal proceedings against several parties, including the surveyor, a contractor, and a savings and loan company for the negligent misplacement of his building. Malnar also sought a temporary injunction to prevent Whitfield from…