Burk v. Diers

Cornish, J..

Plaintiff owns the northwest quarter and defendant the southwest quarter of. section 6. Suit to enjoin defendant -from interfering with a strip of ground, 16 to 18 feet wide, running between the quarter sections. At its east end the south line of the strip lies three and one-half feet, and at the west end nine feet, south of the dividing line between the quarter sections. The trial court, finding it to be a public highway, granted the injunction. Defendant appeals.

We believe the court erred in its conclusion. If a public highway, it was acquired either by prescription or implied…