Short v. Smithy

Ed. F. McFaddin, Justice.

This case is a boundary line dispute with nuisance issues subsequently added. The parties are adjacent property owners in the City of Lewisville.

Appellee Smithy filed suit to enjoin appellant Short from moving the existing boundary fence to a point that would encroach two feet on Smithy’s land. By amendment, Smithy alleged: (a) that Short had erected and put into use three open toilets which were nuisances; and (b) that Short had piled large concrete blocks near another portion of the fence with the result that rats infested the neighborhood and constituted another…