Salter v. Taylor

Jackson, Judge.

Taylor contracted with Salter for a right of way through the latter’s land, and it was laid out, and Taylor incurred some expense in causewaying a part of it. He used it for two years, when Salter erected a fence across it. Taylor proceeded under section 4094 and the subsequent sections in the same chapter of the Code, to have the fence abated as a nuisance, by a petition to two justices of the peace, who summoned a jury, and they passed upon the case, and the fence was, by order of the court, under the finding of the jury, to be abated. Salter carried the case by certiorari to…