McKinley v. Lucas County

— Plaintiff is the owner of two 40-acre tracts of land, with the east and west highway in controversy between them. The defendants are Lucas County and the board of supervisors of that county. Plaintiff alleges that said highway has been used, maintained and traveled by the public for more than fifty years last past, is a county road, forty feet wide, with fences constructed on either side accordingly; that the defendants threatened to enter upon his land,' remove his fences and appropriate part of the land for the avowed purpose of widening said highway.

The defendants answered, in substance,…