DOWNING v. BIRD


100 So.2d 57 (1958)

Lottie Sykes DOWNING, Appellant, v. Preston BIRD and City of Homestead, Appellees.

Supreme Court of Florida.

January 31, 1958.


Attorney(s) appearing for the Case

Rutherford & Housen, Miami, for appellant.

Hudson, McNutt, Campbell, Isom & Rearick, Miami, for Preston Bird, and Thomas S. Hodson of Turner & Hodson, Homestead, for City of Homestead, appellees.


O'CONNELL, Justice.

The appellant, Lottie Sykes Downing, as plaintiff, on March 18, 1954 filed a bill of complaint against the defendant-appellees, Preston Bird and the City of Homestead. She sought a mandatory injunction to require the parties to remove a street surface, i.e. paving, from a parcel of land, approximately fifty feet in width, alleged to be owned by her, and to require the removal of a fence and building, alleged to have been constructed by the defendant...

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