Schwandt v. Ballentine

The opinion of the court was delivered by

Dawson, J.:

This was a suit to enjoin defendants from grading and ditching a road on land claimed by the plaintiff.

The plaintiff is the owner of the west half of a section of land in Center township, Pottawatomie county, which land is bounded on the west by a public road. The defendants are the officials of Center township. They removed the plaintiff’s fence on the assumption.that it was set too far to the west, and'that it encroached on the public highway. The defendants were about to grade the road and to construct a ditch at the side of it, when…