McNAUGHTON v. SCHAFFER

No. 22730.

314 S.W.2d 245 (1958)

Shelby McNAUGHTON, Wyatt McNaughton and Ferrell McNaughton, Appellants (Plaintiffs), v. Vernon SCHAFFER, Respondent (Defendant).

Kansas City Court of Appeals, Missouri.

June 2, 1958.


Attorney(s) appearing for the Case

J. Dorr Ewing, Joe Beavers, Maryville, for appellants.

Harold M. Hull, Frank H. Strong, Maryville, for respondent.


CAVE, Judge.

This is an injunction suit whereby plaintiffs seek to prevent the defendant from repairing and maintaining a certain portion of a division fence. Plaintiffs owned an eighty acre tract on the west side of the fence, and defendant owned eighty acres on the east side thereof. The fence extended north and south for 160 rods, and at the time of this suit, both parties claimed to own and be obligated to maintain the north half of the fence.

To adjudicate...

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