Hopson v. Cunningham

Opinion op the Court by

Judge Hannah

— Affirming.

W. H. Hopson and E. A. Cunningham are the owners of adjoining farms in Trigg County, Hopson’s farm lying to the north of Cunningham’s, and the line between them is a straight line.

In 1888, W. J. Fuqua, who then owned the farm of which Cunningham is now the owner, built a rail fence along the north side of his farm. It was not on an agreed line, nor was it a joint fence; but in the erection of the fence, Fuqua probably intended to place it upon the line between the two farms. It was constructed, however, in such a manner that it departed from a…