Carpenter v. Vail

Graves, J:

This litigation originated in proceedings under ch. 14, C. L., concerning fences. Section 778 provides as follows: “Where any lands belonging to different persons in severalty shall have been occupied in common without a partition fence between them, and one of the occupants shall be desirous to occupy his part in severalty, and the other occupant shall refuse or neglect, on demand, to divide with him the line where the fence ought to be built, or to build . a sufficient fence on his part of the line when divided, the party desiring it may have the same divided and assignéd by two…