Byers v. Davis

Black, J. —

The appellee sued the appellant to recover one-half the cost of a certain fence. Upon trial by jury a verdict was returned for the appellee for $66.09.

*388The evidence, the portion thereof introduced by the appellant consisting of his interrogatories filed with the pleadings and the appellee’s answers thereto, showed the following state of facts:

The appellee owned a tract of land adjoining the south side of a tract owned by the appellant, each party having owned his tract for more than thirty-five years. The dividing line, eommenbing at its western extremity, extended ea3t…