Houser v. Gipson

The plaintiff sued the defendants for trespassing upon his property. The plaintiff claimed that the defendants had constructed their home partially upon his property.

Defendants filed a third-party complaint against one Gipson, who had surveyed their property. Defendants contended that they had relied upon Gipson's negligent and incorrect survey in building their home partially upon plaintiff's land.

The trial court granted a summary judgment to plaintiff on his trespass claim against defendants and awarded him $5,000 in damages. Following a subsequent ore tenus trial, the trial court entered a…