Barnard

As we construe this complaint, the action is to abate obstructions in a private road or way, and for damages.

The general features of the case are as follows: One Snodgrass, who was the owner of a large tract of land, conveyed a portion of it to the plaintiff. At the time of this conveyance a road was laid out on a strip belonging to the grantor, along the south side of the land granted, and it was verbally agreed between -the grantor and grantee that this should be and remain a road for the plaintiff’s use, and he began using it as such. Subsequently, Snodgrass conveyed to the defendant, who took with notice of the verbal agreement above mentioned. The defendant afterward obstructed the road by placing a barn and a wire deuce upon it. The action is against him alone.

The trial court gave judgment for the plaintiff, and the defendant appeals.

*132 It is contended that the demurrer should have been, sustained, because the complaint shows no right in the plaintiff to the road in question. But the complaint alleges that at the time the plaintiff bought the land it was expressly agreed that the strip claimed as a road “ should be permanently set apart, left open, and appurtenant to…