McClay v. Clark

The parties are the owners of adjoining tracts of land, separated by a division fence. Formerly, while occupied by them, respectively, the tracts were wholly inclosed, both parties having the use and benefit of such division fence, which thus served as a partition fence between their lands, until about the year 1887, when it became insufficient by reason of decay, and required to be renewed or rebuilt. For three years or more, however, the fences of defendant, which served to inclose her land, have been removed, though the land is found by the court to be still occupied by John Clark, Sr.,…