City of DeKalb v. Luney

Appellee owns and resides with his family on lot 1, block 25, in the original town (now city) of DeKalb. The lot is situated at the south-west corner of the intersection of Fourth and Oak streets, and has a frontage of sixty-six feet on Fourth street and extends along Oak street one hundred and fifty-six feet to an alley. The dwelling fronts on Fourth street, and extends to within ten and one-half feet of a fence which appellee erected in 1886 as being on the north line of his lot and the south line of Oak street. The city council of the city of DeKalb claimed this fence does' not stand upon…