May v. Board of County Commissioners

*58The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order sustaining a demurrer to the evidence and dismissing an appeal from an award of damages of the board of county commissioners in the proceedings locating a road. Briefly stated, the facts disclosed by the record are as follows:

At some time prior to 1915, James M. May bought real property near Manhattan. At the time his son, Jesse D. May, contributed one-third of the purchase price, with an understanding that he had a one-third interest in the land, but the title was taken in the name of the father. James M. May…