Vasko v. Jardine

This is an appeal from the grant of a motion for summary judgment. We reverse.

The complaint in this case is one of several which have been instituted over recent years because of controversies involving the same real property. The parties are adjoining landowners, and their lands front on a small stream. The lot of land belonging to the plaintiff, Jardine, is west of the lot of land owned by the defendant, Vasko.

On December 12, 1975, the plaintiff filed this complaint in the Circuit Court of Baldwin County, alleging the dimensions of the property owned by each by metes and bounds; that the…