Kyle v. Board of Commissioners

The complaint alleges that the appellant is the owner in fee of lands upon which the appellees have wrongfully entered and upon which they are about to construct the abutments of a public bridge. The answer avers that the land upon which appellees entered has been for more than twenty years a public highway of the county; and that for the same length of time a bridge had spanned a stream at the point where they were engaged in constructing the bridge described in the complaint.

The answer is good. A road used as a public highway for *116twenty years vests a right in the public of which the owner…