Guse v. Flohr

The plaintiff assigns the following errors:

“The court erred in finding that the failure of the plaintiff and his predecessors in title to keep the fence on the south side of the right of way in repair constituted a waiver and abandonment of his right to maintain a fence upon that line.

“The court erred in finding that the fence along the south line of said private road was not a partition fence. . . .

“That the court erred in finding that the Hyland agreement operated as a conveyance of the fee to the grantees therein named with a reservation in the grantor of a right of way over the same.

“That…