O'Riley v. Diss
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) To reverse the decision of the lower court, we rely principally on the proposition, that if each of two persons, owning adjoining tracts of land, makes a concurrent promise to build and maintain a certain portion of a division fence between them, so that it will turn stock (.the only consideration being a promise for a promise), and neither builds his part, so as to meet the requirements of a division…
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Appeal from the Nodaway Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) To reverse the decision of the lower court, we rely principally on the proposition, that if each of two persons, owning adjoining tracts of land, makes a concurrent promise to build and maintain a certain portion of a division fence between them, so that it will turn stock (.the only consideration being a promise for a promise), and neither builds his part, so as to meet the requirements of a division fence under the statute, "then, before either can recover from the other, for injuries to growing crops by cattle, he…
1Opinion of the CourtSmith, P. J.
The plaintiff and the defendant were the owners of adjoining farms, occupied by them in severalty and which were inclosed by a common fence. In 1882 they agreed to construct and maintain a division fence on the line dividing their farms, the plaintiff agreeing to construct the east thirty rods of the *188said fence in consideration that the defendant, constructed the west fifty rods thereof. The fence was to be sufficient to prevent the stock of each from trespassing upon the other. The fence was built. Thus far the facts are undisputed. There was some evidence adduced which tended to show that…
2Cases cited17 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Myers v. DoddIndiana Supreme Court · 1857
- Hughes v. Hannibal & St. Jo. R. R.Supreme Court of Missouri · 1877
- McCormick v. TateIllinois Supreme Court · 1858
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3Cited by13 opinions
- Jackson v. FultonMissouri Court of Appeals · 1901
- Jones v. HabbermanMissouri Court of Appeals · 1902
- Kobayashi v. StrangewayWashington Supreme Court · 1911
- Matthews v. McVayMissouri Court of Appeals · 1950
- State v. PraterMissouri Court of Appeals · 1908
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