Burns v. Annas

The question is whether a road, which crosses the plaintiff’s land, was legally located, so as to justify the highway surveyor in opening it and fitting it for public travel.

We think not. It was located, or rather ‘staked out,’ by Emmons Whitcomb, in 1862. He does not appear to have liad any other authority for so doing than the fact, as he says, that Mr. Norris, then land agent, wrote him in the spring of 1862; that he saw by the records in the office, that he (Whitcomb) was local agent of letter C, range 1, and washed him to go on as local agent, —‘ wished him to locate roads and get the…