such  a  fence  as  farmers  of  practical  knowledge  and  experience
would  consider  sufficient  to  protect  crops,  it  will  answer,  although
not  such  a  fence  as  the  statute  prescribes.*

7.  Defective  Fence. — Before  a  cause  of  action  can  accrue  in
favor  of  one  adjoining  landowner  against  the  other,  he  must  make
a  sufficient  fence  along  the  whole  line,  or  have  a  portion  of  it  as-
signed to  the  other,  so  that  the  duty  would  rest  exclusively  on
the  latter  to  keep  that  part  in  repair.*  Neither  can  claim  the
statutory  protection  until  the  fence  has  been  apportioned  be-
tween them  for  repairs.®     Until  the  fence  is  apportioned  between

1.  Hilliard  v.  Railroad  Co.,  37  Iowa,  without   having  any    statutory    assign-

442;  Phillips  V.   Oyster.   32   Iowa,    257;  ment,   to  keep  up  a  specific  part  of  the

Miner  v.  Bennett,  45  Iowa,  635.  fence,  and  one  failed  to  do  so,  it  was  held

A  partition  fence  on  land  that  is  covered  that  the  remedy  of  the  other  was  an  ac-

a  part  of  the  year  with  the  waters  of  an  tion  for  breach  of  contract.     Moore  v,

artificial   mill  pond,  but  is  occupied  and  Levert,  24  Ala.  310;  Walker «/.  Watrous,

used  as  a  pasture  or  mowing-land  during  8  Ala.  493 :  see  Fox  v.  Beebe.  24  Cal.
