State v. Welpton

Beck, Ch. J.

The evidence upon which the defendants were convicted is substantially as follows: The public began to use the road, for the obstruction of which defendants were indicted, about twenty-five years prior to the trial. In 1850, the proper county authority established the road upon the middle line of the quarter section, upon 'one side of which defendants’ land is situated. Prior to this the owners of the land erected their fences upon each side, leaving proper breadth of way. It was understood and believed that the road was used, and subsequently laid out upon the line prescribed in…