Webb v. Board of Commissioners

The opinion of the court was delivered by

Johnston, J.:

This was an action brought by Cyrus Webb against the defendants as public officers, to enjoin them from removing fences and obstructions, and from opening up a supposed highway over the plaintiff’s land. His petition sets forth the authorization and establishment of a highway, 40 feet wide, on the western line of his premises, in 1872, one-half of which was laid upon the plaintiff’s land. He alleged and contends that the road was never actually opened *376over his land, but that a hedge had been planted along the west line, which had been used…