Cox v. Barker

This case was certified to this court by the St. Louis Court of Appeals on the ground that the title *425to real estate is involved. It is an action of trespass on land. The parties are- owners of adjoining parcels of land, and for many years maintained a partition fence. In 1884 the defendant removed a portion of the fence. The plaintiff replaced it bnt placed it a few feet further west of the line of the old fence. Defendant notified plaintiff that he was putting the fence on his, defendant’s, land, and that if a survey proved this to be true he would hold the fence. A subsequent survey proved…