RIGHTS OF ADJOINING LANDOWNERS 251 



of an adjoining owner, : and to prevent the destruction of 

 boundary trees to the injury of an adjoining 1 owner. - In 

 a Connecticut case it was said that if the trunk divides, 

 parts which have more of a perpendicular than a horizontal 

 direction should be considered a part of the trunk. :j 



In one state adjoining proprietors are forbidden by 

 statute to plant on or near the boundary line trees which 

 will be injurious to a neighbor, and the enforced removal 

 of such trees is authorized, 4 and in several others the owner- 

 ship of boundary trees is regulated by statutes which make 

 adjoining land owners hold a tree in common if the trunk 

 stands upon the line. 5 



165. Trees Marked as Boundary, Corner or Witness 

 Trees. In many states statutes were early enacted de- 

 claring the cutting of a tree marked for boundary purposes a 

 misdemeanor or a felony. fi That there was need for 



1. Brock v. Connecticut etc. River K. Co., 35 Yt. 373. 



2. Robinson v. Chipp, 05 Conn. 305: Musrh v. Burkhurt, X3 Lo\ra 301, 32 Am. St. 



Krp. 305; Relyea v. Beaver, 34 Burl). (X.Y.) 547; Comfort v. Kver- 

 hanlt, 35 Wkly. Notes Cas. (Pa.i 304. 



3. Robinson v. Clapp, 05 Conn. 305. 



4. La. Revised Civil Code. La. Merrick, 2<l Ld Sec. Oil I. 



5. Cal. Av. Code 1<)15, Deeridtf, Sees. S33-S34; Mont. Revised Code 1007, See. 



4532 and 4533. See Neb. Compiled Statutes, Brown & Wheeler, 1011, 

 Sec. 5320 p. 1705, may plant on boundary. X. Dak. Compiled laws. 



1013, Sees. 5355 and 5350. Okla. Compiled Laws, 1000, Sees. 7257 



and 725S. S. Dak. Revised Code, 1003, See. 202-203. 

 0. See ( lie following: 



Ala. Digest, Laws of Ala. 1X43, Clay, p. 4 IS, See. 0; Penalty increased in Code 



1S52, p. 507, sec. 31 10. 

 Ariz. Compiled Laws, Albany, X. Y ., 1S71. Cli. 10, see. 00. p. SO; Same Comp. 



Laws, 1877, p. SO. sec. 305. 



Ark. Revised Slat.. 1S37, Art. IX, sec. 5, p. 255. 

 Calif. Act. April 10, 1S50, Stat. 1st. Lef;. p. 230. Ch. 00, sec. 00. 

 Colo. Laws of 1S01, ]>. 302, sec. 01. 

 Conn. Gen'l. Stat. 1X00, p. 257, See. 77. 



Del. Code 1S52, Sec. 0X7, (Forfeit to party wronged onlyi 

 Kla. Act. Any:. 0, 1SOX. S. L. p. 70, sec. 01. 

 (a. ("ode of 1X45, Hotchkiss, p. 701. 



Ida. Act Feb. 4, 1X03, Laws 1st. Terr. Ass. p. 451. 

 Ind. Act .lime 14. 1X52, see Rev. Stat. 1X52. p. 437. sec. 33. 

 Iowa. Code of 1X51, sec. 20X3. 



Kan. Comp. Laws 1X70, see. 1S52; (len. St. 1X07, p. 317. sec. 117. 

 Ky. Rev. Stat. 1X52, p. 375, sec. 7. 



Me. Rev. Stat. 1X57, p. 004. Sec. X 



Md. Laws 1722. Ch. X, sec. 2: Laws Md. (1002-1X30). Dorsey, Vol. 1. p. 50. 

 Mass. Laws of 17X5. Ch. 2X; L. ISIS, Ch. 3: L. 1S23, Ch. 113; Rev. Stat. 1X36, 



Ch. 120, p. 727. 



Mich. Rev. Stat. 1X3S, p. 033, sec. 42. 

 Minn. Rev. Stat. Terr. 1X51, p. 505, Sec. 43. 

 Miss. Rev. Code 1X57, p. 003, Art. 1X0. 

 Mo. Act. Mar. 30, 1X35, p. 1X1, sec. 5X. 

 Mont. Acts of Terr. Mont. 1st. Hess. p. 192, sec. 72. 



(Footnote 6 continued on next page) 



