Griffiths

— This is an action for damages for an alleged trespass upon lands in entering upon the lands of the plaintiff and tearing down a fence situate thereon. The defendant, in his answer, justified, on the ground that the land where the fence was situate was a public street, and the fence an obstruction thereof; that he was road overseer of the district, and under an order of the board of supervisors of the county, removed said fence as an obstruction to the street. The whole question in the case is, whether the land in controversy had been dedicated to and accepted by the proper authorities or by user as a public highway. The owner of an entire tract of land, including the property owned by the plaintiff at the time this action was commenced, caused the same to be surveyed and laid off into lots and streets, and a map to be made thereof. He subsequently sold some of the property at public auction, and the plaintiff became the purchaser of three of these lots. At the time the sale was made, the map had not been filed in the recorder’s office, but it was so filed before deeds were made to the purchasers, and the lots purchased by the plaintiff were described as “those certain lots,…