Jungels v. Schramel

This is an action for an injunction restraining the defendant from trespassing upon the south 14.42 acres of lot 4 in section 32-124-30 in Stearns county. The court found for the defendant. The plaintiff appeals from the order denying his motion for a new trial.

The land upon which the trespass is alleged is a roadway extending north and south across the 14.42 acre tract. The defendant claims that it is a public highway by common law dedication. That was the issue on the trial.

To constitute a common law dedication it is essential that there be an appropriation or surrender by the owner to the…