Talbot v. Blacklege
Supreme Court of Iowa
Appeal from Jasper District Court. Partition eences : construction op chapter 61: notice, etc. — Action by plaintiff to recover tbe value of a partition fence. Upon proper issues, tbe cause was submitted to tbe court, without a jury.
Read the full summary
Appeal from Jasper District Court. Partition eences : construction op chapter 61: notice, etc. — Action by plaintiff to recover tbe value of a partition fence. Upon proper issues, tbe cause was submitted to tbe court, without a jury. Tbe court beliw found from tbe evidence the following facts : 1. That plaintiff and defendant are tbe owners and occupiers of adjoining premises and improved lands, and that a controversy arose between them about their respective rights and obligations to erect and maintain a partition fence between their said premises. 2. That tbe plaintiff requested tbe fence…
1Opinion of the CourtDillon, J.
1. Fences: fencefence ‘ viewers. I. Chapter 61 of the [Revision, in relation to fences, has converted some of the offices and duties of good neighborship, into legal obligations. Its substance and practical value are not to be destroyed by refinements and over-nice constructions. The fence viewers are made a local forum for the adjustment, upon the equitable principles recognized by the statute, of the differences between neighbors in relation to their fences. It is true that, the proceeding-*576being of a special character, the requirements of the statute must be followed. But the fence viewers…
2Cases cited1 opinion
- Edgerton v. MooreSupreme Court of Connecticut · 1859
3Cited by8 opinions
- Tomlinson v. BainakaIndiana Supreme Court · 1904
- Feister v. KentSupreme Court of Iowa · 1894
- Duncalf v. Ritscher Farms, Inc.Supreme Court of Iowa · 2001
- Bland v. HixenbaughSupreme Court of Iowa · 1874
- Piccirilli v. GrocciaSupreme Court of Rhode Island · 1974
3 more not listed; retrieve them via the Exa API.