Smith v. Brown

In the court below the appellants filed a complaint for a declaratory judgment seeking to have the boundaries of a certain lot determined. Issues were joined on the appellants’ complaint which alleged that they claimed under the description of a certain deed, and that they were entitled to a strip of land on the south side of the portion of such lot conveyed to the appellants, contrary to the findings of the surveyor at the time a survey was made of such lot. The complaint alleged that a dispute existed between the appellants and appellees who owned a portion of a lot on the south side of…