City of Dixon v. Messer

Paragraph 60 of section 1 of article 5 of the general act for the incorporation of cities and villages authorizes cities “to regulate partition fences and party walls.” It would seem that to make a fence a partition fence it should be on the line between the real estate of different owners (Jeffries v. Borgin, 57 Mo., 327; Sims v. Field, 74 Mo., 139; Western G. & M. Co. v. Knickerbocker, 103 Cal., 111; Ingwersen v. Barry, 118 Cal., 342) ; or if not on the true line, then that it must be on a line agreed upon between the respective owners; and it must be built under the statute, each party…