Town of Brushy Mound v. McClintock

Appellee, was sued, before a justice of the peace, for placing and maintaining an obstruction in a public highway, and judgment was recovered against him. He appealed to the circuit court of Macoupin county, where the case was tried before the court without a jury, and judgment rendered in his favor. From that j udgment appellant prosecutes this appeal.

The only substantial question in the case is, whether the locus in quo had become a public highway by prescription. There was a traveled way over the north-east quarter of the south-east quarter of section 16, township 9, range 7, Macoupin…