Houx v. Seat
Supreme Court of Missouri
Error to Cooper Court of Common Pleas. This was an action commenced before a justice of the peace to recover damages for wrongfully removing a partition or division fence.
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Error to Cooper Court of Common Pleas. This was an action commenced before a justice of the peace to recover damages for wrongfully removing a partition or division fence. Upon the trial of the cause in the Cooper Court of Common Pleas, to which the same had been taken by appeal, it appeared in evidence that in the year 1853 Houx, plaintiff, and Isaac Lionberger were adjoining proprietors; that in that year Houx and Lionberger each built a string or line of fence on his own land; that it was agreed between them that the fence built on Lionberger’s land and that built on the land of plaintiff…
1Opinion of the CourtScott, Judge
The instructions given by the court properly declared the law of this case. The license of Lionberger to the defendant to join fences with him was revocable. The subsequent *180sale of the land was a revocation of this license granted by Lionberger, and the defendants had a right to remove their fence. The defendants do not appear to have had any notice of the agreement between Lionberger and IIoux. No mention was made of it in the deed from Lionberger to the defendants, nor were they in any way bound by it. It does not appear that any injury was suffered by the plaintiff in consequence of the…
2Cases cited1 opinion
- Mumford v. WhitneyNew York Supreme Court · 1836
3Cited by2 opinions
- Rowand v. AndersonSupreme Court of Kansas · 1885
- Kohlleppel v. OwensMissouri Court of Appeals · 1981