Hill v. Tohill
Illinois Supreme Court
Appeal from the Circuit Court Of Macon county; the Hon. W. C. Johns, Judge, presiding. Joña M. Tohill, the appellee, filed a bill for injunction in the circuit court of Macon county to restrain Hugh W. Hill, .the appellant, from removing thirty-two rods of hedge fence on the line between the lands of appellant and those of appellee; The bill attacks the constitutionality of one section of the statute in reference to division fences.
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Appeal from the Circuit Court Of Macon county; the Hon. W. C. Johns, Judge, presiding. Joña M. Tohill, the appellee, filed a bill for injunction in the circuit court of Macon county to restrain Hugh W. Hill, .the appellant, from removing thirty-two rods of hedge fence on the line between the lands of appellant and those of appellee; The bill attacks the constitutionality of one section of the statute in reference to division fences. A temporary injunction was granted in term time, after notice to appellant. Thereafter appellee filed a supplemental bill praying that the injunction be enlarged…
1Opinion of the Court
Mr. Chibe Justice Scott
delivered the opinion of the court :
This controversy arose over a hedge which is part of a division fence and which the .fence viewers.set off .to appellant to maintain. The question is, may he rightfully remove it and construct a lawful fence of different material in its place without the consent of appellee, the adjoining land owner? The hedge occupies more ground than would be occupied by the proposed fence, and whether it is sufficient to turn stock is one of the questions which was controverted in the circuit court.
The fence viewers acted under section 7 of chapter…
2Cases cited11 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Stuart v. LairdSupreme Court of the United States · 1803
- Myers v. DoddIndiana Supreme Court · 1857
- Tomlinson v. BainakaIndiana Supreme Court · 1904
- Burrell v. BurrellMassachusetts Supreme Judicial Court · 1814
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