McDonald v. Powell County

Opinion of the Court by

Judge MoCandless —

Reversing.

This is a suit against Powell county. From the averments of the petition it appears that without agreement or condemnation proceedings, the fiscal court of that county constructed a roadway thirty feet wide and one mile long through appellant’s farm, and has since used it as a public highway, the work being done under contract with one Kaler, who it is alleged went upon the land without right and against the will and consent of the owner. The pleadings were completed by answer and reply, the former pleading donation of the roadway and the…