Serry v. Custer County

Action 'brought to restrain defendants, Custer county and its commissioners, from' tearing down certain gates, fences, and opening an alleged' road through plaintiff’s lands. To the complaint defendants answered by way of general denial, and by setting up the defense of estoppel on the part of plaintiff to question defendants’ right to travel the road through plaintiff’s lands. Defendants contend that a bona fide highway had been laid out across plaintiff’s lands, and further contend that plaintiff has accepted the 'benefits of the action of the county and county commissioners of Custer…