Mossman v. Forrest

Suit by Mossman, the appellant, .against Forrest, for trespass upon the plaintiff’s land. Issues were *234formed, the trial of which resulted in a verdict and judgment for the defendant.

The third paragraph of the defendant’s answer justified the entry upon the plaintiff’s land by alleging that the locus in quo was a public highway, duly located and established, and ordered to be opened by the board of commissioners of Whitley county; that as supervisor of the road district in which the plaintiff’s land was situated, and over which said public highway was located, he entered upon the land on said…