Cleland v. Clayton

BEATTY, Justice.

Appeal by the defendant from a judgment declaring certain real property a public way and enjoining defendant from obstructing it. We affirm.

The action began as an attempt by plaintiff to establish the dividing line between the real property of the parties. The defendant denied plaintiffs allegations of ownership, and counterclaimed for ownership by virtue of a deed to the disputed property, as well as adverse possession. Plaintiff later amended his complaint, by asserting that the disputed strip of land was a public way, and sought injunctive relief. Defendant moved for a…