The Western Jurist Volume 11

The Western Jurist Volume 11

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...meaning of the statute, and hence is not SUPREME COURT OF IOWA. entitled to a mechanic's lien. Pnrmon msnnssnn. D. W. MINER V. M. D. BENNETT, APPELLANT I 1. Hedge; PARTITION I-'ENCE2 OCCUPANCY 1NsF.'ERALTY.--I--Iedges planted upon the division line between premises, do not attain the character of a. partition fence, so as to impress upon the respectiveowners the character of occupancy in severalty, until they become sufiicient to turn stock..--So long as stock can pass at will, from the premises of one to those of the other, adjoining proprietors are occupying in common without a partition fence. 3. Adjoining premises: Tl-ROWING TO common----An owner of premises occupied as above, may throw any portion of the same, not less than twenty feet in width to common, upon giving six months notice to the adjoining owner. Appeal from L'e0/cu/c Circuit Court. Tms is an action to recover half the value of a fence claimed to be a partition fence. The cause was tried by the court and judgment was rendered for forty-two dollars. The court gave the proper certificate necessary for an appeal. The defendant appeals. The material facts are stated in the opinion. Woodin (ft lcJzmkin, for appellant. C. JII. Brown, for appellee. DAY, Cn. J. The abstract contains all the evidence introduced upon the trial. It is entirely free from conflict, and establishes the following facts: " Plaintiff is, and ever since 1869 has been, the owner of N.E. 1-, 1, 77, 13, and defendant is, and since then has been, the owner of S.E. i of said section. In 1869, and before the S.E. 1-Was inclosed, plaintiff planted a hedge on the line between said two tracts, inclosing the N. E. 11, and soon afterward defendant built a rail fence on the west half more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 123682007X
  • 9781236820075