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IACOVITTI v. FARDIN

Docket No. 16023.

127 Cal.App.2d 348 (1954)

273 P.2d 926

SIMPLICIO IACOVITTI et al., Appellants, v. GENE FARDIN et al., Respondents.

Court of Appeals of California, First District, Division One.

September 13, 1954.

Attorney(s) appearing for the Case

Josephine Lyons Kovacevich for Appellants.

Cosgrove, Molinari & Tinney, Charles P. Molinari and Thomas B. Gallen for Respondents.

PETERS, P.J.

This action for a mandatory injunction was brought by the Iacovittis against the Fardins to compel the latter to remove that portion of a building alleged to have been intentionally constructed by the Fardins so as to encroach on the Iacovittis' property. The key question presented related to the location of the correct common boundary between the properties of the two litigants. The surveyors produced by each side differed as to where that common boundary...

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