Jeffries v. Burgin

This was an action for damages for the removal of a fence alleged to be a partition fence within the meaning of the statute of 1869 (1 Wagu. Sfcat., 633), “concerning fences, partition and hedge.”

The facts of the case are as follows: The plaintiff owned the south-west quarter of the north-west quarter, and defendant owned the north-west quarter of south-west quarter of section one, township sixty-four, of range twenty-eight, in Harrison county. The plaintiff had his land already inclosed; one string of his fence was on the line separating his forty acres from that of the defendant.

The…