Duncan v. Akers

This action was instituted in the Shelby Circuit Court wherein plaintiffs-appellees filed their complaint for ejectment.

For the purpose of clarity the facts from the record before us may be summarized as follows:

Plaintiffs-appellees own Lot No. 7 in a subdivision known as “Triton Acres”. The Duncans, defendants below, own Lot No. 6 in the same subdivision, which lot is identical with and adjacent to Lot No. 7 owned by appellees. On April 2, 1967, the Duncans entered into a written contract with defendant-Lindner Homes, under the terms of which Lindner Homes was to construct a home on said Lot…