Rosenberger v. Miller

—This is a petition for an injunction to restrain the appellants from tearing down the. plaintiff’s fence. The facts, about which there is no dispute, are these: On the seventeenth day of July, 1893, the plaintiff was, and for several years had been, the owner of the east half of lot number 2 of the northwest quarter, section 5, township 57, range 4 west, and L. P. Miller was the owner of the adjoining land in the northeast quarter of the section. In 1881 the plaintiff’s land was owned by William Clark, and the Miller tract belonged to nonresidents. Both tracts are covered with brush and…