Hamilton v. Smith

The chancery court denied appellant’s prayer for an injunction to prevent appellees from continuing to construct a dwelling house on a rectangular tract sixty feet in width and two hundred forty feet long, situated west of Block 5 of McClure and Bayliss’ Addition to the City of Russellville, and the court also refused to require appellees to remove the building, which was forty per cent complete when the suit was filed. In the decree, however, the lower court held that appellant was “entitled to such damage to his property which he may be able to sustain by proof” by reason of appellees’…