Kent v. Lix

Rombauer, P. J.,

This is a suit upon an award under section 5039 of the Revised Statutes, 1889, to-recover one-half the value of a division fence erected by the plaintiff on the boundary between his land and that of the defendant. The cause was tried upon an. agreed statement of facts, and the trial resulted in a judgment for the defendant. The plaintiff, appealing, assigns for error that such judgment is against the law and evidence.

The agreed case concedes that the plaintiff erected the fence on the boundary line between his land and that of the defendant, and that its appraised value was…