Hensley v. Stinson

CAMMACK, Judge.

This is an appeal from a judgment which denied a mandatory injunction sought by the appellant, W. S. Hensley, to require the appellees to remove a concrete retaining wall allegedly encroaching upon his lands. The parties are owners of adjoining tracts of land and the dispute involves the location of their common boundary.

The issues were tried before an advisory jury, whose findings were adopted by the trial judge as his own. He concluded that (1) the wall itself was wholly on the lands of the appellees; (2) the supporting pilasters of the wall encroached upon the lands of…