Porter v. Foster

1. The statutory provisions giving ordinaries authority to grant private ways over the lands of others to individuals to go to and return from their farms or places of residence (Civil Code, §§ 807-811) contemplate the grant of easements that did not exist, and provide due notice and a hearing for the owner of the-land before his property is taken, and compensation for the injury done.

2. The statutory proceeding provided for in the Civil Code, § 825, for the summary removal of obstructions placed by an owner in a private way over his land, used by others, contemplates merely the removal of…