Axmear v. Richards

Defendant attempts to sustain his right to remove the 'fence on the ground that it incloses a portion •of the highway. The record of the original survey of this road is missing. There is no evidence, save a presumption ■as to how wide it was laid out, and none as to its actual boundaries, other than the conflicting recollections of witnesses. There is some evidence to warrant the conclusion that plaintiff’s fence stands on the line of the highway as it was first established. But, if this is not so, the decree may be sustained on another ground. Plaintiff might, under certain circumstances,…