Evening Republican, Volume 23, Number 50, Rensselaer, Jasper County, 26 February 1920 — COURT FINDS FOR THE DEFENDANT [ARTICLE]

COURT FINDS FOR THE DEFENDANT

An action in replevin brought by Harry Walters against R. E. HopMeins was heard by Judge C. W. Hanley and resulted in a verdict for the defendant. Seventeen head of Walters’ cattle had been • taken up by Hopkins after they had broken through the fence and gotten onto the Hopkins farm. Walters claimed that the fence was the part which Hopkins should have kept repaired. There had been an agreement betweefi Harry Walters and his father, Thomas Walters, in reference to the fence. The part of the fence through which the cattle had broken When they entered upon) the land of: Hopkins was the part which'Walters thought Hopkins was under • obliga-. tibn to keep repaired. . It developed during the trial that 1 the agreement between Walters and his father had not been put in writing and was unknown to Hopkins, who had purchased the Thomas Walter farm, and being different for the legal requirement in reference to the keeping up of fences was not therefore binding upon Hopkins. The judge therefore found for Hopkins.