Pickerell v. Davis
Supreme Court of Iowa
Appeal from, Mahaska District Court. — Hon. K. E. Willcockson, Judge. Action brought under section 2358 of the Code of 1897 to recover the value of a fence, erected by the plaintiff, on a partition line between plaintiff’s and defendant’s land, on the ground that the portion so erected by the plaintiff was ordered, by the fence viewers, to be erected by the defendant, and that the defendant failed to comply with the order.
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Appeal from, Mahaska District Court. — Hon. K. E. Willcockson, Judge. Action brought under section 2358 of the Code of 1897 to recover the value of a fence, erected by the plaintiff, on a partition line between plaintiff’s and defendant’s land, on the ground that the portion so erected by the plaintiff was ordered, by the fence viewers, to be erected by the defendant, and that the defendant failed to comply with the order. The action is to recover double the cost of erecting the fence, as fixed by the fence viewers, together with the expenses of the fence viewers. It appears that no notice…
1Opinion of the CourtGaynor, J.
The plaintiff and defendant are adjoining landowners. On the application of the defendant, the trustees of their township apportioned the line fence between them and directed each party to build half of the line assigning to each his respective half. From the order of the trustees the *578defendant appealed to the district court. The order of the trustees required that each party build the portion assigned him within thirty days from the date of the order. Upon appeal this order was affirmed, and it was further ordered and adjudged that, if either party fails to contruct the portion of the fence…
2Cases cited5 opinions
- McClay v. ClarkSupreme Court of Minnesota · 1890
- Thompson v. BulsonIllinois Supreme Court · 1875
- Hale v. AndrewsIllinois Supreme Court · 1874
- Harris v. SturdivantSupreme Judicial Court of Maine · 1849
- Scofield v. HaireMichigan Supreme Court · 1899
3Cited by7 opinions
- Bradley v. BD. OF TR. OF WASHINGTON TP.Court of Appeals of Iowa · 1988
- Miles v. AlthoffCourt of Appeals of Minnesota · 1985
- Scott v. NesperSupreme Court of Iowa · 1922
- Butman v. Fence Viewers of ChelseaMassachusetts Supreme Judicial Court · 1951
- Morrison v. KippingSupreme Court of Iowa · 1940
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