Section 89-13-23 - Fence removed if not paid for, and adopted by paying proportion of value

The person who built the party fence may remove it at pleasure, if the owner of the adjoining land will not pay his proportion thereof; and although the proprietor of any land may desire to retain any fence built by him on a line which divides his land from that of another person, as a private fence, yet that other person may adopt the same as a party fence by paying his proportion of the value thereof; and if the value cannot be agreed upon by the parties, the person desiring to adopt the fence may apply to a justice of the peace to appoint freeholders to assess the proportion that should be paid, as in other cases.Codes, 1857, ch. 16, art. 9; 1871, § 1915; 1880, § 978; 1892, § 3137; 1906, § 3560; Hemingway's 1917, § 2877; 1930, § 5687; 1942, § 1000.