Stephenson v. Farmer

Proceedings to have a road, which, it is alleged, has been used as a public highway for twenty years or more, ascertained, described, and entered of record.

The petition was filed before the board of county commissioners, and the prayer of the petitioners there denied. An appeal was taken to the circuit court, a trial by jury therein had, a verdict for the plaintiffs, motion for a new trial overruled, exception, an order to record the road, and appeal to this court.

The overruling of the motion for a new trial is assigned for error, and we think the motion ought to have been sustained. The…