Winters v. Jacobs
Supreme Court of Iowa
Appeal from Black Hawk District Court. Thursday, June 16. Action in replevin for several head of cattle. Trial to a jury. Verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the Court
Cole, Ch. J.
Plaintiff and defendant were owners of adjoining lands, which were inclosed in common without a partition fence. The defendant had built his portion of the fence where it was agreed between the parties he should build it, and had by himself, and also through the fence viewers of the township, notified plaintiff to build his portion. Afterward, but before the expiration of the time fixed by the fence viewers for plaintiff to complete his part of the fence, the plaintiff turned the cattle in controversy upon his own land, from whence they came upon the defendant’s land. The…
2Cited by2 opinions
- Tumlin v. ParrottSupreme Court of Georgia · 1889
- Blasdel v. FinksSupreme Court of Oklahoma · 1914