McMillen v. Wilson

Judge Ewing

delivered the Opinion of the Court.

This is an action brought by appeal from a justice, into the Circuit Court, in which Wilson sued McMillen for the half of the price of a division fence between them.

In 1802, the Trustees of the town of Cynthiana passed a by-law in the following words:—

“Resolved, that when any person or persons shall join a fence to any person that has already or shall hereafter put up a fence, that the person joining fences with the other, shall be compelled to pay one half of the value of the fence that he joins to, as far as he joins the same; and that if any…