Hayden v. Stewart

The opinion of the court was delivered by

Greene, J.:

This suit was brought by the plaintiff below to restrain the defendant from closing an alleged highway. The plaintiff stated in his petition that he brought the suit for himself and the traveling public who traveled the road referred to in his petition. He alleged that he is the owner of the north half of the southeast quarter of section 6, township 32, range 22 east of the sixth principal meridian, in Cherokee county, Kansas; that his residence is on the extreme west end of the tract of land; that in the years 1870 and 1871 the south half…