Bohlen v. Whitehouse

This is an action commenced before a justice of the peace for damages by reason of the alleged trespass of stock belonging to appellees upon the farm of appellant. The trial below resulted in a judgment against appellant for costs.

Appellant and appellees were the owners of adjoining farms. The line between their farms was one hundred. and sixty rods long-; a hedge fence was on the division line.

Section 3 of chapter 54 of Hurd’s Eevised Statutes is as follows:

“When two. or more persons shall have lands adjoining, each of them shall make and maintain a just proportion of the division fence…