In Re Fence Dispute Between Swisher

The partition line between the land of R. W. Orme, appellee, on the north, and Ernest Swisher.and Pearl Swisher, appellants, on the south, is 160 rods in length. A ditch draining 120 acres of land flows northwardly through the Swisher land to a point just west of the east end of- the west 80 rods of the division line. At that point, the ditch, which is there 8-to 14 feet deep -and 12 to 14 feet wide, turns west, and runs along the division line 30 to 35 rods. It then turns northeastwardly. The fence viewers, taking into account the.expense and difficulty of maintaining a fence in the ‘ditch,…