Miller v. Miller

Opinion op the Court by

Judge Clarke

Affirming.

Whippoorwill creek is the dividing line between the lands of plaintiff, now appellant, and defendant. The lands of both, and this creek, are crossed by a neighborhood road which connects two public county roads. About a year before this action was filed defendant had built a fence with a gate in it at this crossroad, about 75 feet back from the creek, so as to inclose his lands on the side next to plaintiff’s land and the creek, and this, was about as near to the creek and the division line as it was practicable to build a fence and gate. In this…