Ferris

This action was brought by the appellant, a railroad corporation, for the purpose of restraining the defendants here from continuing to tear up and remove its track from what was claimed by the plaintiff to be a public highway, and for such other and further relief as the facts of the case might warrant. The court below decided the case against the plaintiff, dissolved a preliminary injunction that had been granted, and gave *264 judgment for the defendants for costs. From that, and an order refusing a new trial, the plaintiff has taken this appeal.

From the evidence in the record it is clear that findings 1 and 3 are without legal support.

It appears that Henrietta Ferris, one of the respondents here, bought, some years prior to this controversy, a piece of land from Mr. Irvine; that in the deed to that land there was specially excepted therefrom a strip of land in front thereof sixty feet wide, which had been offered for dedication as a public highway, and no title to that land ever vested in the said Ferris; that this strip of land so excepted was laid down upon a map properly filed for record in the proper office as being reserved for a public road, and it does not appear…