State ex rel. Fielo v. Burkit
Indiana Supreme Court
Prom Cass Circuit Court; John 8. Lcdry, Judge. Action by the State of Indiana, on the relation of Martin Pielo, against William P. Burkit, as Trustee of Washington Township in Cass County, and others. Prom a judgment for defendants, the relator appeals.
1Opinion of the CourtMobkis, J.
Mandamus action by appellant against appellee township trustee, for a mandatory order requiring him to cause to be constructed, as a part of a partition fence, a *666flood gate across a public ditch known as Rock Creek drain. The complaint alleges that relator and appellees Hoover and Hoover own adjoining lands separated by a partition fence running north and south; that previous to the year 1911 such fence had been divided under an oral agreement by which relator took the south half of the fence for maintenance and repair, and appellees took the north half, which is crossed by the public drain;…
2Cases cited2 opinions
- Baynes v. ChastainIndiana Supreme Court · 1879
- Bruner v. PalmerIndiana Supreme Court · 1886
3Cited by1 opinion
- Tsuboi v. CohnIdaho Supreme Court · 1924