DISCHER, ET AL. v. KLAPP, ET AL.

No. 18,461.

124 Ind. App. 563 (1954)

117 N.E.2d 753

DISCHER, ET AL. v. KLAPP, ET AL., ETC.

Court of Appeals of Indiana.

Rehearing denied April 23, 1954.

Transfer denied June 16, 1954.


Attorney(s) appearing for the Case

O'Neill & O'Neill, of Logansport, and Kizer & Neu, of Plymouth, for appellants.

Albert B. Chipman and Roy Sheneman, of Plymouth, for appellees.


KENDALL, P.J.

Suit by appellants to enjoin appellees from entering upon their property with road-building machinery for purposes of constructing a highway thereon.

Appellees answered in two paragraphs. First, a denial, and second, that there existed a public highway by user on a strip of ground thirty feet wide on the section line between sections 27 and 28, township 32 north, range one east in Marshall County, Indiana; that they proposed to grade, drain and...

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