Shanks v. Robertson

The opinion of the court was delivered by

Johnston, C. J.:

In this action the plaintiffs seek by injunction to compel the defendants to remove an obstruction placed by them across a road alleged by the plaintiffs to be a public highway. Judgment was rendered in favor of the plaintiffs and the defendants appeal.

*464The road in question runs north from the south line of section 3 in Logan township, Mitchell county, Kansas, along the half-section line to a point thirty feet north of the center of the section. From the early settlement of the country, in 1866, until the improvement of the land in the…