Robison v. Gebauer

This is an action by a road overseer in Morrill county to enjoin defendants from fencing up a road across their premises. The district court refused to grant the injunction, and plaintiff has appealed.

Defendants took up their land as a homestead in May, 1903. The roadway in controversy crosses it. In the fall of 1903 defendants built a fence north of the roadway. In the spring of 1905 they built a fence further south, leaving a roadway about four rods in width. The public has used this open strip as a highway for a little less than ten years. The evidence tends to show a dedication to the…