Prescott v. Patterson

This is an action of trespass brought by the owner and occupant of land against the highway commission.ers of the township for removing his fences under the claim that they were opening a public highway. It appears that proceedings had been taken for laying out a highway which would include the locality of the alleged trespass, and the sole question is whether these proceedings were effectual. The case was referred to a referee, who reported the facts; Erom these it appears that the proceedings of the highway ■ commissioners in their attempt to lay out the highway were wholly ineffectual, for…