Legal Opinion

Nelson v. Wilson

Supreme Court of Iowa

Decided October 25, 1912PublishedCited by 4 opinions

Appeal from Crawford District Court. — Hon. Z. A. Church, Judge. A demurrer to the petition as amended- was sustained, and, as plaintiff elected to stand on the ruling, petetion was dismissed. Plaintiff appeals. —

1Opinion of the CourtLadd, J.

— The plaintiff and O. C. Wilson were tenants of adjoining farms, the S. W. % and the S. E. %, respectively, of section 11, in Willow township. The owners had erected a division fence between the quarters about twenty-three years before — plaintiff’s landlord the north half, and Wilson’s landlord the south half — in pursuance of an oral agreement, and thereunder have since maintained their respective parts. But the south half of the fence was never “a lawful or good and substantial fence,” but was built “of sticks for posts, set from fifteen to twenty, feet apart, and some further; and that…

2Cases cited5 opinions

  1. Osborne v. KimballSupreme Court of Kansas · 1889
  2. Guyer v. StrattonSupreme Court of Connecticut · 1861
  3. Tupper v. ClarkSupreme Court of Vermont · 1870
  4. De Mers v. RohanSupreme Court of Iowa · 1905
  5. Pitzner v. ShinnickWisconsin Supreme Court · 1877

3Cited by4 opinions

  1. Jacobs v. StoverSupreme Court of Iowa · 1976
  2. Osgood v. NamesSupreme Court of Iowa · 1921
  3. Knight v. Southern Pacific Co.Utah Supreme Court · 1918
  4. Little v. LaubachSupreme Court of Iowa · 1918

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