Molyneux v. Grimes

The opinion of the court was delivered by

Mason, J.:

R. N. Molyneux brought injunction to test whether what was claimed by the township trustee to be a public highway was such in fact. The district court held against him, and he prosecutes error.

Proceedings were had by the board of county commissioners which resulted in the establishment of the *832road, unless that result was prevented by some of the considerations now to be stated. They were taken while the land affected belonged to. the federal government. The plaintiff’s grantors derived title through settlements made after the laying out of…