McAfee v. Walker

Citations

• 82 Kan. 182
• 107 P. 637
• 1910 Kan. LEXIS 218

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Partition Pences — Oral Agreement. Neither the statute of frauds nor the act relating to partition fences renders unenforceable an oral arrangement by the occupants of adjoining lands that until the agreement is changed by mutual consent or the withdrawal of one of the parties each shall maintain one-half of a division fence.</p> <p>2. Damages — Trespassing Animals. Where a bull over, a year old escapes from the land of the owner to that of a neighbor, by reason of the failure of the latter to keep up a portion of the division fence in accordance with an agreement between them, no action for the resulting damages can be maintained under the statute (Laws 1872, ch. 194, §1; Gen. Stat. 1901, § 7380) forbidding owners of such animals to permit them to run at large.</p>