Davidson v. Perry

I respectfully dissent and would reverse and remand.

Defendants are the current owners of the “Perry Tract,” which adjoins plaintiffs’ tract on the north. Prior owners were J.F. Ryan (1950s), Bob Perry, and Mr. Singer (1996). A fence was built near the south line of the Perry Tract in 1950. Plaintiff Davidson’s affidavit states that “[i]n July of 1950 [the parties’ predecessors] together agreed to construct a fence to separate their respective properties.” Plaintiff Davidson, however, was three years old in July 1950, and her affidavit does not explain how she reached that conclusion. A survey…