Council Grove Township v. Bowman

Citations

• 76 Kan. 563
• 92 P. 550
• 1907 Kan. LEXIS 296

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Establishment—Prima Facie Proof. When a road is.laid out upon a township line, and is fenced, im- . proved and used for many years, with reference to the supposed location of such line such actual location will be presumed to be correct until the contrary is shown, and proof of such facts is sufficient, prima facie, to show the existence of a highway along the route so fenced, used and improved.</p> <p>2. - Obstruction by Adjoining Landowners — Injunction. The obstruction of a public road by erecting a wire fence along or near the center thereof for a considerable distance, ■ by the owners of adjoining lands, who seek thereby permanently to appropriate a part of the highway, may be prevented by injunction, when such owners threaten and are about to build such fence.</p>