Souder v. Hicks

The opinion of the court was delivered by

Hopkins, J.:

The action was one to enjoin the closing of a road. Plaintiff prevailed, and defendants appeal.

A stipulation between the parties recited that the Souder family owned the land through which the road in controversy ran, and that on February 16, 1909, deeds were exchanged between them dividing the land (Mrs. Hicks having been a Souder); that as part of the consideration for a division, an agreement was entered into with reference to the road in controversy, which reads;

“This agreement made and entered into on this 15th day of February, 1909,…