McGhee v. Young
Florida District Court of Appeal
606 So. 2d 1215 (1992), review denied, 620 So. 2d 761 (1993)
- Written by Rich Walter, JD
Facts
The McGhees (plaintiffs) sued Evelyn Young (defendant) for ejectment. The parties owned adjoining lots in a residential subdivision. A fence, between and equidistant from the parties' houses, ran along a line marked by substantial concrete monuments set into the ground. The McGhees claimed that the true property line ran through Young's house, garage, and septic field, and conformed to metes and bounds that were described in the parties' respective deeds and subsequently recorded on the subdivision plat. The trial court applied a 1983 precedent to the case. Young proved to the court's satisfaction that the subdivision's original surveyor placed the monuments to mark the boundary between subdivision lots. The court entered judgment for Young. The McGhees appealed to a state appellate court.
Rule of Law
Issue
Holding and Reasoning (Polen, J.)
Dissent (Schwartz, J.)
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