Hale v. Andrews

Citations

• 75 Ill. 252

Syllabus

<p>1. Division fences—right to recover for, not assignable. The liability imposed by statute upon the owners of adjoining lands to contribute their just share toward the cost, etc., of a division fence is fixed at the time the fence becomes a division fence. The grantee of one who has built a division fence does not succeed to the right of his grantor to enforce contribution from the adjoining owner. This right, being a mere chose in action, is not the subject of assignment.</p> <p>2. Same —power offence viewers determined by notice. The notice served, under which fence viewers are selected, is jurisdictional, and they cannot, without the express consent of the parties interested, act upon any other or different question than that expressed in the notice, and without notice they cannot be selected to act at all.</p> <p>3. When fence viewers were selected under a notice that they were to be selected to settle a dispute concerning the proportion of a division fence to be made by each of the parties, they will have no power to assess the amount to be paid by one of the parties to the other for a portion of a fence already built.</p>