Board of County Commissioners v. Minnear

*327The opinion of the court was delivered' by

Graves, J.:

This case involves the validity of a road. The plaintiff in error Smallwood, having no outlet from his premises, petitioned the board of county commissioners to locate a road sixteen and one-half feet wide from his premises over a forty-acre tract of land owned by the defendant in error to a public highway. The petition was signed by twenty other householders, as in ordinary cases. All the steps prescribed by law for the establishment of a public highway were taken under this petition. The petition was the ordinary printed form, with the…