Brown v. Paul

The opinion of the court was delivered by

West, J.:

A road was established through certain land in which the plaintiffs claim an interest, and, not having been served with notice of the view and having had no' notice thereof and not having been present thereat, they brought .this suit to enjoin the opening of the proposed highway. A demurrer to their petition ivas sustained and costs assessed against the plaintiffs, who appeal. They claim to be remaindermen and to have such an interest in the land as entitled *321them to notice and to the maintenance of this suit. The defendants contend that the…