Board of County Commissioners v. Johnson

The opinion of the court was delivered by

Mason, J.:

The board of county commissioners of Cowley county attempted to open a highway upon a section-line crossing land owned by L. F. Johnson. He sought and obtained a judgment enjoining such *66attempt, and the board prosecutes error. The case was heard upon an agreed statement of facts and turns wholly upon questions of statutory interpretation.

In 1872 the legislature passed an act (Laws 1872, ch. 178) the first section of which declared all section-lines in Cowley county (and in several other counties, none of them contiguous thereto,) to be public…