New York Supreme Court April 15, 1901 (Adler v. Parr)

Houghton, J.

The parties own adjoining premises. The plaintiff claims that the defendant erected a board fence twelve feet high upon his land. After the bringing of the action, the fence was removed. It transpires that the fence was not upon plaintiff’s land, but was a division fence. The shed complained of is also found to be upon the defendant’s land.