State ex rel. Rucker v. Feitz

In 1906, defendant became tbe owner of a farm on tbe south side of a public road in Chariton county which had been recognized and used as a public highway for more than sixty years. Originally the road was bounded by rail fences and practically was level, but after years of use by the public the traveled surface, which was near the middle of the right of way, wore off and was washed down, leaving embankments on each side which were not ordinarily used by travelers. In time the rail fences decayed and disappeared, leaving the boundaries of the highway to be defined by hedge fences which the…