Brown

This is an action in the nature of trespass for entering upon the plaintiff’s land, — a five-acre lot, — and removing and destroying a fence, and for a perpetual injunction restraining defendant from repeating the trespasses complained of.

The answer of the defendant confesses the entry upon the lot described, and the removal of a portion of the fence, and seeks to justify these acts by averring that the portion of the fence removed was an obstruction to a public road or way through said lot, and specially alleges the facts and acts of the plaintiff and his grantor claimed to constitute a dedication of the way to public use, and an acceptance and use thereof by the public and by the defendant; and further alleges that the entry of the defendant upon the way, and the removal of that portion of the fence obstructing it, were the acts complained of as trespasses.

In response to the issres made by the pleadings, the court found the facts and law as follows: —

The plaintiff appeals from the judgment, and from an order denying his motion for a new trial.

That the findings of fact are sufficient to support the conclusions of law is not questioned; but it is claimed that some of the…