Henry v. Jones
Supreme Court of Alabama
Appeal from tbe Circuit Court of Barbour. Tried before tbe Hon. John G-ill Shobteb. This action was brought by John B. Henry against Samuel Jones, in September, 1852, to recover damages for the defendant's wrongful act in entering on plaintiff’s land, pulling down a gate, and erecting a fence thereon, thus obstructing plaintiff's right of way. The only plea was the general issue, with leave to give any special matter in'evidence.
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Appeal from tbe Circuit Court of Barbour. Tried before tbe Hon. John G-ill Shobteb. This action was brought by John B. Henry against Samuel Jones, in September, 1852, to recover damages for the defendant's wrongful act in entering on plaintiff’s land, pulling down a gate, and erecting a fence thereon, thus obstructing plaintiff's right of way. The only plea was the general issue, with leave to give any special matter in'evidence. “ On the trial,” as the bill of exceptions states, “ it was proved that the plaintiff, early in the year 1850, became the owner in fee of the lands described in his…
1Opinion of the CourtGoldthwaite, C. J.
There can be no doubt, that, if a fence is a partition fence between two different owners, it confers the right on either to' make the'necessary repairs, and, as an incident to that right, gives authority to each to *389enter on tbe land of the other for that purpose.. This was decided in Walker v. Watrous, 8 Ala. 493; and to that extent we recognize that case as authority.
So, also, if a part of the fence was entirely on the land of one of the proprietors, still, if it was recognized as a partition fence by both parties, it would confer the same rights as if it were in fact so. The recognition…
2Cases cited1 opinion
- Walker v. WatrousSupreme Court of Alabama · 1845
3Cited by3 opinions
- Garrett v. SewellSupreme Court of Alabama · 1891
- Meyer v. PerkinsNebraska Supreme Court · 1911
- Ward v. Paducah & Memphis R. Co.United States Circuit Court · 1880