Matthews v. McVay

From a judgment on a petition for a declaratory judgment, plaintiff appeals.

The petition alleged that plaintiff and defendants were adjoining landowners and that between, their respective acreage was a partition fence; that many years ago, plaintiff and defendants, and their pre decessors in title, had orally agreed to maintain a definite portion of said fence between their lands, and that the agreement was for plaintiff to maintain the north 80 rods of the south 90 rods of said division fence and defendants to maintain the remainder, but that defendants understood they were to maintain the…