131 Iowa 213 | Iowa | 1906
■ The plaintiff is the owner of the N. E. *4 of section 16 in Newton township, Jasper county, Iowa; he and a brother having purchased the same in 1868. In 1866 the board of supervisors of said county established a public highway in said township extending from the northeast corner of section 28 north along intervening section lines to the northeast comer of section 4. The road thus established passed along the east side of the plaintiff’s quarter section of land. In 1869 the plaintiff and his brother built 'a fence along the east side of said quarter section placing it in the established highway, and it has been maintained along practically the same line ever since. In 1904 the defendant threatened to remove the fence from the highway, and this action was brought to restrain him from so doing.
The judgment should be, and it is, reversed.