Dailing v. Hall

KENNETH W. SHRUM, Judge.

Plaintiffs brought a suit based on § 272.060 to recover from Defendants one half of what Plaintiffs spent budding a “division” fence between their adjacent properties.1 The trial court entered summary judgment for Defendants on the basis that the claim was barred by the doctrine of res judicata. Plaintiffs appeal. We affirm.

FACTS AND PROCEDURAL HISTORY

The parties in this case are neighboring landowners in Texas County. They share a common boundary line of approximately one mile in length which is marked by a fence. Plaintiffs constructed a new fence without the…