Cox v. Barker
Cox v. Barker
Opinion of the Court
This is an action of trespass to land. The plaintiff charges in his complaint that the defendants entered his close and carried away his fence. The parties are adjoining proprietors. Their farms join for one half mile north and south. The plaintiff’s farm is to the west. He owned and maintained the south half of the partition fence, and the defendants owned the north half. This condition of things existed for many years. In the fall of 1894, the defendants removed their portion of the fence, thereby preventing the plaintiff from using his land for pasturage. The plaintiff undertook to replace the fence. He set the new fence a few feet west of the line occupied by the old one. At the time he commenced the work the defendants notified him that he was putting the fence on their land; that they claimed that the dividing line was farther to the west, and if a survey of the land proved that they were right, they would hold the fence. A subsequent survey showed that the defendants were right as to the
The cause will be transferred to the supreme court for final determination.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.