Kritzberger v. Traill County

Tbe plaintiff alleges tbe defendant threatens to excavate-on bis land, remove bis fences and appropriate part of bis land for tbe purpose of building a road; that no road bas been laid out on tbe portion sought to be taken; and unless restrained the defendant will commit the acts threatened.

The' defendant admits it is attempting to build the road, but claims a right to enter upon the land and grade the road on the ground that for years a legal highway has been established along the quarter line of the farm — the north line of the quarter. The court found the road to be legally established to…