Collins v. Adams

This action was to recover the expense of building the defendant’s proportion of a division fence between the adjoining lands of the parties. It was originally commenced in a justice’s court, but the defendant alleged that the title to real estate would come in question, gave the proper undertaking, and the case was discontinued. The action was then commenced in this court. It was tried, and the court directed a verdict for the defendant. After the conclusion of the trial, upon a submission by the parties of the question to him, the judge before whom the trial was had certified that the title…