Glenn

Action to abate a nuisance and for damages. The cause was tried by the court without a jury, and defendants bad judgment, from which, and from the order denying his motion for a new trial, plaintiff appeals.

Defendants are husband and wife, and plaintiff is road commissioner of the Hueneme road district, in Ventura *521 county, and as such brought the action. The complaint alleges : That on December 19, 1891, one John Cawelti was the owner of a certain tract of land in said district. On that day he laid out, as part of said land, a strip sixty feet wide, as and for a public highway, and dedicated and abandoned the same to the public as a highway, and that said strip ever since has been, and is now, a public highway. That about July 15, 1899, the defendant Catherine Glenn erected along the center of said highway a wire fence, and now maintains the same, which fence encroaches upon said highway to the extent of thirty feet, being the north half of said highway, and extends along said highway for the entire length of said defendants’ land, being lot 1 of subdivision of tract 2 of Rancho Ex-Mission. The court found the ownership in Cawelti, December 19, 1891; that in November, 1891,…