Schnare v. Gehman
Supreme Court of Iowa
Appeal from Scott District Court. Action for tbe value of one-balf of a partition fence. The material facts appear from the opinion of the Court.
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Appeal from Scott District Court. Action for tbe value of one-balf of a partition fence. The material facts appear from the opinion of the Court. There is no legal obligation on tenants of adjoining farms to make, maintain or repair partition fences, save such as is created and imposed by statute, by agreement, or by prescription; and the right to compel an adjoining owner to build and maintain a partition fence, or a portion thereof, or to pay for such portion, if built by a coterminous proprietor, is derived from tbe statute, or is created by agreement or prescription. 8 Kent 438; 39 Maine…
1Opinion of the CourtStockton, J.
The parties were the owners and occupiers of adjoining lands. Grehman made -the first settlement and improvement, and when Schnare commenced to occupy his land, Grehman had a rail fence on his western line, being the dividing line between his land and the land of Schnare.
In February, 1855, Grehman alleging that he did not wish to keep up the division fence at his own expense, served a written notice on Schnare to build one-half of this fence. *286Scbnare accordingly built forty rods of post and board fence at tbe south end of -the land.
In October, 1856, Gehman sold Ms land to one Walker, except a…
2Cited by1 opinion
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