Discher v. Klapp

Suit by appellants to enjoin appellees from entering upon their property with road-building machinery for purposes of constructing a highway thereon.

Appellees answered in two paragraphs. First, a denial, and second, that there existed a public highway by user on a strip of ground thirty feet wide on the section line between sections 27 and 28, township 32 north, range one east in Marshall County, Indiana; that they proposed to grade, drain and improve the highway. Appellants replied by denying the existence of a public highway over the fifteen-foot strip along the east side of appellants’ lot.