McNaughton v. Schaffer

CAVE, Judge.

This is an injunction suit whereby plaintiffs seek to prevent the defendant from repairing and maintaining a certain portion of a division fence. Plaintiffs owned an eighty acre tract on the west side of the fence, and defendant owned eighty acres on the east side thereof. The fence extended north and south for 160 rods, and at the time of this suit, both parties claimed to own and be obligated to maintain the north half of the fence.

To adjudicate the dispute, plaintiffs filed a petition in the circuit court, the pertinent part of which is to the effect that plaintiffs had…