137 Iowa 391 | Iowa | 1908
Plaintiff and defendant are the owners of adjoining tracts of land between which there is a division fence, one half of which was constructed by plaintiff’s grantors and the other half by the grantors of defendant A controversy having arisen as to how much of said division fence should be maintained by each, plaintiff filed a complaint with the township trustees and fence viewers of her township, asking that defendant be required to maintain more than one-half the fence. The fence viewers heard the complaint, and ordered that each should maintain one-half of the one hundred and sixty rods of fence between their respective lands. Plaintiff then appealed to the district court, where the matter was heard before a jury, resulting in a verdict corresponding with the finding of the fence viewers. Plaintiff thereupon filed a motion for a new trial, and when this was submitted the1 trial court made the following order: “ Plaintiff’s motion for new trial is overruled upon the condition that defendant file in the office of the clerk by 12- m.
Reversed in part, and remanded in part.