Field v. Bogie
Missouri Court of Appeals
Appeal from the Clay Circuit Court.— Hon. E. J. Beoaddus, Judge. (1) This is admitted to be a statutory partition fence. Defendant need not repair so as to make it hog tight, the stock law being in force. R. S. 1889, sec. 5042; Madder v. Cramer, 32 Mo.
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Appeal from the Clay Circuit Court.— Hon. E. J. Beoaddus, Judge. (1) This is admitted to be a statutory partition fence. Defendant need not repair so as to make it hog tight, the stock law being in force. R. S. 1889, sec. 5042; Madder v. Cramer, 32 Mo. App. 542, 548. (1) In order to justify his restraint of the hogs under article 2, chapter 5, Revised Statutes 1889, it was necessary for appellant to show either that the hedge was a lawful fence or that the hogs were illegally at large. He did neither and the judgment should be affirmed. Madder v. Schuster, 68 Mo. App. 670. (2) Their rights…
1Opinion of the CourtGill, J.
This is an action in replevin for the recovery of some hogs. The litigants own and occupy adjoining farms in Olay county where the “stock law” (R. S. 1889, ch. 5, art. 2), is in force. Along the line dividing the two farms, there is, and had been for many years, a partition fence, which the parties by agreement had divided into two parts, each undertak-' ing to maintain and keep in repair his respective portion. Defendant’s part of this partition fence was a hedge, which, although high enough to resist horses and cattle, was vet insufficient to keep out hogs; there were spaces and gaps…
2Cases cited3 opinions
- D'Arcy v. MillerIllinois Supreme Court · 1877
- Hopkins v. OttMissouri Court of Appeals · 1894
- Selover v. OsgoodAppellate Court of Illinois · 1893
3Cited by4 opinions
- Matthews v. McVayMissouri Court of Appeals · 1950
- McAfee v. WalkerSupreme Court of Kansas · 1910
- Gilmore v. HarpMissouri Court of Appeals · 1902
- Cotton v. HustonMissouri Court of Appeals · 1904