183 Ind. 264 | Ind. | 1915
— Appellees petitioned the board of commissioners to ascertain, describe and enter of record a highway used by the public for more than twenty years. Appellant' owned land on the west side of the north end of the road, and filed written objections to the granting of the petition. Prom an order of the board in appellees’ favor, the cause was appealed to the -circuit court where it was tried on an agreed statement of facts. Prom an order ascertaining, describing and entering of record the highway as described in the petition, this appeal is prosecuted.
It appears from the agreed facts that for more than thirty years the public had used a highway, running north and south, that was bounded in part, on the west side thereof, by appellant’s land; that the center of the traveled way was on a section line; that west of the traveled way through appellant’s land there was maintained, until about thirty days previous to the filing of appellees’ petition in 1911, a worm rail fence, which was then removed by appellant, who, in place thereof, erected a wire fence fastened to substantial posts; that the rail fence occupied a strip of ground four feet in width, and the wire fence was placed on a line drawn through interlocking corners of the rails on the east side of the rail fence; that the west line of the road, as described in the petition, and defined and entered of record in the judgment; intersected center of the
Note. — Repox-ted ixi 108 N. E. 956. As to facts of which courts will take judicial notice, see 124 Am. St. 20. As to width of highways acquired by adverse user, see 2 Ann. Cas. 973. See, also, under (1) 36 Cyc. 1Í53; 37 Cyc. 118; (2) 37 Cyc. 40; 16 Cyc. 852.