Avington v. Newborn

James H. Pilkinton, Judge.

The appellant, Faye Avington, and the appellee, Jessie Paul Newborn, own adjoining lands in Clark County, Arkansas. In the summer of 1979, Mrs. Avington had a survey made to determine the location of her east boundary line. There was an old fence, located somewhat west of where appellant thought her east boundary line was located. After appellant had the boundary surveyed, she took down the old fence, and had a new fence constructed just inside the survey line.

Mr. Jessie Paul Newborn, who now owns the property to the east, was in the U.S. Army and was stationed in…