J. C. Vereen & Sons, Inc. v. Houser

The appeal in this case brings for review a decree dismissing a bill of complaint, the purpose of which was to procure a mnadatory injunction requiring the defendant to remove the eaves of a house overhanging the complainant’s property.

The appellant in its brief alleges that there is one question to be determined as follows:

“Where the granting or denial of a mandatory injunction turns on whether or not the prescriptive period or the Statute of Limitations has run against the plaintiff, is it proper to deny the mandatory injunction, and to decree that the equities are with the defendant, and…