Phillips v. Jamieson

Trespass for assault and battery. Defend,-ant denied the assault, and in addition claimed that whatever was done by him was in defense of his possession.

It appeared in evidence that plaintiff was owner and occupant of a lot in the village of Wayne, and that defendant, .as agent for one Clark, was in possession of an adjoining lot on the north. The section line between sections twenty-nine and thirty-two was the dividing line between these lots as they were originally laid out. For many years prior to 1871 a fence had stood as a division fence between these lots where the section line was…