Merkel v. Woodside

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellee filed his bill to compel appellant to remove a fence from a public highway between their properties. Appellee averred that for more than 20 years prior to the filing of the bill there had been a certain public road, highway and thoroughfare along the line in question; that said public highway for more than 20 years had been in general use by the public as a public highway and that by reason of the premises and by virtue of the statute the same had become and was and still is a public highway.

Appellant filed an answer in…