Rosenbery v. Tibke

The controversy in this case is over a road on the half section line running north and south through section 26, township 15, range 13, in Douglas county. In 1876 the count} commissioners attempted to establish a public road at the point indicated. In 1893 plaintiff purchased 60 acres of land, 40 acres of which ivas on one side and 20 acres on the other side of this road. Shortly thereafter he fenced his land in such a way as to leave a roadway 30 feet in width. Thereafter his neighbors fenced their lands in a similar manner. Plaintiff also planted fruit trees upon his land up to his fences.…