Lane v. Katt

CLEMENS, Commissioner.

This suit for injunction and damages arose from a dispute between neighbors over the location of an old boundary-line fence. Plaintiffs got a judgment and the defendants appeal.

The disputed area is a strip 8 feet by 600 feet, flanked by the fence. In the spring of 1963 the defendants cut down a tree in the fence line, tore up part of the fence, and declared their right to move the rest of it. *545Thereupon, the plaintiffs sued for the injunction and damages.

Admittedly, the fence stood on defendants’ land, but plaintiffs relied on a written agreement executed in 1924 by the…