Cotton v. Huston
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Ho». George F. Longan, Judge. (1) Division fences or ‘ ‘ inside fences ’ ’ are' not necessarily partition fences. Our courts have repeatedly held that one can protect himself by building along a division line a lawful fence. Demetz v. Benton, 35 Mo. App. 559; Fenton v. Montgomery, 19 Mo. App. 158. (2) The court committed error in giving peremptory instruction in nature of a demurrer directing the jury to find for plaintiff.
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Appeal from Pettis Circuit Court. — Ho». George F. Longan, Judge. (1) Division fences or ‘ ‘ inside fences ’ ’ are' not necessarily partition fences. Our courts have repeatedly held that one can protect himself by building along a division line a lawful fence. Demetz v. Benton, 35 Mo. App. 559; Fenton v. Montgomery, 19 Mo. App. 158. (2) The court committed error in giving peremptory instruction in nature of a demurrer directing the jury to find for plaintiff. There were several questions of fact in evidence that should have been submitted to the jury under proper instructions.' Oriley v.…
1Opinion of the CourtSmith, P. J.
— Action in replevin. The case disclosed by the evidence contained in the record may be stated'in about this way: The plaintiff’s inclosure was separated from that of the defendant by a division fence, something like 200 rods in length, which had been constructed nearly twenty years previously under an agreement between the three adjoining landed proprietors to the effect that the one under whom plaintiff claimed would construct and maintain the north one hundred rods of said fence, and the other, under whom ■defendant claimed, would construct and maintain the south one hundred rods -thereof.…
2Cases cited4 opinions
- Jackson v. FultonMissouri Court of Appeals · 1901
- O'Riley v. DissMissouri Court of Appeals · 1890
- Hopkins v. OttMissouri Court of Appeals · 1894
- Field v. BogieMissouri Court of Appeals · 1897