Phelps v. Board of Twp Trustees

*299OPINION

By WASHBURN, J.

This is an action to enjoin the township trustees from opening up and improving a highway across the premises of appellant, hereinafter referred to as plaintiff, as he was below; the case having been appealed to this'court on questions of law and fact

The trustees allege that the highway in question was duly laid out and opened up across the premises now owned by plaintiff, in the year 1833, and has ever since been used as a highway, and that said trustees propose to improve the same.

In 1833 a highway beginning about a mile south of Lake Erie and extending northerly to…