Smith v. Ellyson
Supreme Court of Iowa
Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. This is an appeal from the action of the district court on an appeal to that court from an action of the fence viewers of a proper township in assigning to the respective parties the parcels' of a partition fence which each should maintain.
1Opinion of the CourtDeemer, J.
Plaintiff and defendant are the owners of adjoining tracts of land between which there is a division fence, one half of which was constructed by plaintiff’s grantors and the other half by the grantors of defendant A controversy having arisen as to how much of said division fence should be maintained by each, plaintiff filed a complaint with the township trustees and fence viewers of her township, asking that defendant be required to maintain more than one-half the fence. The fence viewers heard the complaint, and ordered that each should maintain one-half of the one hundred and sixty rods of…
2Cases cited3 opinions
- Brockman v. BerryhillSupreme Court of Iowa · 1864
- Tiffany v. TiffanySupreme Court of Iowa · 1891
- State ex rel. Hinkley v. MartlandSupreme Court of Iowa · 1887
3Cited by10 opinions
- Jehl v. Southern Pacific Co.California Supreme Court · 1967
- Drummond v. Mid-West Growers Cooperative Corp.Nevada Supreme Court · 1975
- Longfellow v. SaylerSupreme Court of Iowa · 2007
- Bates v. NicholsSupreme Court of Iowa · 1937
- Middleton v. Atlantic Coast Line R.Supreme Court of South Carolina · 1925
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