Calhoun v. Town of Colfax

The opinion of the court was delivered by

Provosty, J.

This suit involves the right of the Town of Colfax to open for public use certain streets figuring on the map of the town. The town notified plaintiff to remove her fences from these streets, and plaintiff countered by this suit, enjoining the town from trespassing on her land.

Plaintiff claims that the alleged streets are not streets but part and parcel of her land. The defendant town avers that the streets in question have heretofore been dedicated to the public, and that plaintiff is not owner of them.

*417Plaintiff’s only title is by donation…