Johnson v. Wing
Michigan Supreme Court
This case was reserved by the Circuit Judge of the county of Jackson, for the opinion of this Court, upon the following-statement of the case and facts found by him: This was an action Of replevin, brought under the provisions of chapter 124 of the Revised Statutes, to recover the-possession of one hundred and twenty-six sheep, which the said plaintiff alleges were unlawfully detained from him by the defendant, and said cause having been submitted to the-Court, without a…
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This case was reserved by the Circuit Judge of the county of Jackson, for the opinion of this Court, upon the following-statement of the case and facts found by him: This was an action Of replevin, brought under the provisions of chapter 124 of the Revised Statutes, to recover the-possession of one hundred and twenty-six sheep, which the said plaintiff alleges were unlawfully detained from him by the defendant, and said cause having been submitted to the-Court, without a jury, on the proof and allegations of the respective parties, the Court finds the following facts, viz: That the sheep in…
1Opinion of the Court
By the Court,
Wing, J.
It is insisted by the plaintiff’s counsel, that as neither of the parties to this suit have built a lawful fence on any portion of the line dividing their lands, nor taken any measureto have the line divided or apportioned between them, they are alike in fault. That the act of 1847 abolishes the distinction heretofore existing in the laws between division and outside fences, and puts both upon precisely the same footing; and as defendant did not enclose his field, he could have no remedy for any injury done to it by the sheep of the plaintiff.
*167We can see nothing in the…
2Cases cited2 opinions
- Bush v. BrainardNew York Supreme Court · 1823
- Studwell v. RitchSupreme Court of Connecticut · 1841
3Cited by6 opinions
- Jackson v. FultonMissouri Court of Appeals · 1901
- O'Riley v. DissMissouri Court of Appeals · 1890
- Reddick v. NewburnSupreme Court of Missouri · 1882
- Baker v. RobbinsSupreme Court of Kansas · 1872
- Blasdel v. FinksSupreme Court of Oklahoma · 1914
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