Stalder v. Miles

Sears, District Judge.

The question in this case is, whether a certain road or trail across certain uninclosed lands had become, a legal highway by dedication or prescription. The district court found in favor of defendants and denied the injunction which was sought to prevent the building of a fence across the alleged highway. The only questions involved are questions of fact.

To establish a toad by dedication, evidence of acts upon the part of the owner showing such intent must be produced. Mere acquiescence or permission to use the road does not operate to deprive the owner of his property.…