Davis v. Joyner

DOWNEY, Judge.

The facts of this case as gleaned from appellant’s brief are that appellant’s predecessor in title leased certain property to appellee’s predecessor in title in 1941. Sometime prior to June 1956, it was determined that the lessee had constructed a building upon the leased property which encroached upon abutting property of the lessor. Accordingly, in 1956 appellant’s predecessor leased to appellee’s predecessor enough additional property to accommodate the encroachment. The lease to said additional property has expired. The parties to this suit are the present fee simple owner,…