The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-02-04
SPITE FENCE SUIT
IS TR|E.DlNIC0URlI
Judge Vincent Is Hearing
To Decide If the Fence
Must Come Down.

a
The Spite fence" suit brought by
Miss Victoria Bennett, young bust.
ness woman of Fairmont, against Al.
bert Deberry, retired farmer. which
was started in intermediate Court
late yesterday: afternoon before Judge
vincent, was continued today. Eyi.
uence OF a sensational and humorous
character was offered by both sides.
Miss Bennett alleges that Beberry.
who owns fine home at 1910 Fifth
street, built a fence OF boards is feet
nigh within few inches of her home
on the adjacent lot, the fence being
SO high as to shut out the light from
the windows In the Bennett home
thereby damaging the property great.
ly.
Deberry admitted on the witness
stand that he built the fence, but de.
clared that 1t was on his own land
and that he has a right to build a
fence or anything else he sees fit as
long as he builds 1t on his own prop.
erty. t..s.. 80.
Miss Bennett, alleges, however, that
Deberry carried his spite against her
SO far In building the fence that In
an effort to shut out the light from
her windows he placed the fence
across the line on her lot instead OF
on his own. ..r....
According to testimony offered be.
fore Judge Vincent the quarrel be.
tween Miss. Bennett and Deberry is
of long standing.
Miss Bennett testified that the
fence was erected nearly two years
ago. At that time Deberry was liv.
ing in the Fifth street house, but
later he moved back to the farm and
the city house is now rented.
Attorneys French McCray and Jas.
"A. Meredith represent the plaintiff
and Attorney. G. H. Leeds the defend.
ant. The jury is composed OF G.. S.
McElroy, D. C. Nay, Calvin Hill, Rem
Rudy, Hillard Basnett, ]. E. McBce,
Charles Smith, Zadock Nuzum, Jess
NJ. Wood. Jack Davis, d. o. Billingslea
and VIII Morrison.
The fence is built solid OF boards
from the front of the lc.. to the back,
a distance of 65 feet. For a distance
of rs or 30 feet between the two
houses is 10 feet high reaching above
the second story windows of tho Ben.
nett home. From the street back to
the front Of the houses. the fence Is
eight feet high.
Large biue-prlnts showing the loca.
ton of the lots, the houses and the
exact position of the fence were sub:
mitted to the, jury for inspection by
the defendant in support OF the claim
that the fence is really on the Dc.
berry property. Papers and testimony
were submitted by the plaintiff con.
tradicting this claim and supporting
the contention that strip OF land
about eight inches wide on which the
fence stands belongs to Miss Ben.
nett,
1t is alleged by Miss Bennett that
II the. court supports the contention
of;Deberry In regard to the ownership
OF the eight.inch strip that. she will
be compelled to cut away the caves
Of her house. thereby tnjuring it
greatly, $780, w. =
T. In the case Of Samuel T. Vaughn
VS.. H. H. Lemley a verdict for the de.
PENDANT was reached by the Jury. This
was an appeal case from the court Of
Justice r. Leigh Fleming. Vaughn
brought suit to recover on q contract
before Justice Fleming. Lemley failed
to appear to defend his case and
Judgment was awarded Vaughn for