DOYLE, J.
An appeal on questions of law and fact from a judgment of the Court of Common Pleas of Summit County places this litigation for trial de novo in this court.
As stated by the trial judge in the Court of Common Pleas:
"The plaintiff has two causes of action.
"The first cause of action is to prevent the defendant from building an edifice that would occupy the defendant's property from property line to property line. It is claimed...
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