City of Cincinnati v. Leeds

Jones, O. B., J.; Swing and Jones, E. H., JJ., concurring.

In 1815 John Morten became the owner of a tract, of land of about 65 acres fronting on the south side of what is now known as Observatory avenue. About 1847 steps were taken before the county commissioners for the purpose of establishing the county road southeastwardly through this land from Observatory avenue to Wooster pike, *124under which viewers were appointed who reported a line of road and recommended that same be opened as a sixty-foot road. The record shows an objection, or notice of appeal, given on the part of a property owner,…