Hewitt v. Watkins
New York Supreme Court
In October, 1848, Hewitt sued Watkins in a justice’s court, for the amount found by the fence-viewers of the town of Charlton, in the county of Saratoga, to be due to him. The complaint stated that for several years past the plaintiff and defendant had been and still were the owners of land adjoining to each other, in Charlton; that the defendant suffered his land to lie open, and the plaintiff, in 1840, at his own costs and expenses erected the division fence between them.
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In October, 1848, Hewitt sued Watkins in a justice’s court, for the amount found by the fence-viewers of the town of Charlton, in the county of Saratoga, to be due to him. The complaint stated that for several years past the plaintiff and defendant had been and still were the owners of land adjoining to each other, in Charlton; that the defendant suffered his land to lie open, and the plaintiff, in 1840, at his own costs and expenses erected the division fence between them. That since said erection, the defendant, in 1847, enclosed his land and had since kept it enclosed. That the plaintiff…
1Opinion of the Court
By the Court,
Willard, P. J.
The first objection to the plaintiff’s right of recovery was that the fence-viewers had not jurisdiction of the subject matter. The revised statutes (1 R. S. 353, § 30 et seq.) provide that when two or more persons shall have lands adjoining, each of them shall make and maintain,a just proportion of the division fence between them, except the owner or owners of either of the adjoining lands shall choose to let such land lie open. In the latter case, if he shall afterwards enclose it, he, shall refund to the. owner of the adjoining land,, a *412just proportion of the…
2Cited by1 opinion
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