Kootenai County v. Kinman

This action was commenced by Kootenai County to enjoin Kinman and his wife from maintaining a fence and gate across a public road. Judgment was for defendants, and the county appealed.

It is alleged in the complaint, and admitted in the answer, that the county acquired from respondents’ predecessor in interest a right of way for a highway across their land. The deed, dated November 25, 1924, conveying to the county a strip of land 20 feet wide on each side of a center line described therein, was introduced in evidence. Appellant refers to this as the “record road.” It is also alleged in the…