47 Iowa 632 | Iowa | 1878
The 1st, 2d and 5th errors challenge the correctness of the judgment or decree, and substantially assert that the evidence was not sufficient to warrant the decree. There being no sufficient showing that all the evidence is before ns, we are unable to say whether these errors are well taken or not.
The 4th .error assigned, in the view we take of the case, is regarded as wholly immaterial. This leaves only the 3d undisposed of, under which, whether strictly applicable or not, we will discuss what we understand to be the merits of this case, to such an extent as the record enables us to do.
. We know of no statutory authority giving the defendant a right to erect and maintain a fence bn the plaintiff’s land, and certainly none such existed * at common law. The erection of such a fence is a trespass, and that the commission of a tres
■ The plaintiff had the undoubted right, if she chose, to. fence off her own land in strips twenty feet wide. Rut in so' doing she could not ignore the rights of the defendant as an. adjoining land owner, and, therefore, might be liable to contribute to the erection of a partition fence. Whether she was so liable in this case we deem wholly immaterial. If she was this would not authorize the defendant to erect a fence on her land. He should have pursued the method provided by stat-' ute for the determination of the rights and liabilities of the parties. Instead of this he. saw fit to trespass on the lands of his neighbor, the direct tendency of which was to foment breaches of the peace, and if permitted to continue might have ended in blood being shed. He was, therefore, properly enjoined.
Affirmed.