Tholl v. Koles

*803The opinion of the court was delivered by

Johnston, J. :

This was an action of Anna Koles to recover damages to her land, resulting from alleged trespass and an attempt by Peter Tholl, the road, overseer, and others, to open a highway claimed to have been previously established. The land in controversy was inherited by Anna Koles from her father, Joseph Koles, who entered it under the homestead law in 1874, and acquired a patent therefor in 1882. Soon after settling on the land he planted a row of trees on the east line of the tract,-which was a section line, and when the trees grew to…