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Citations: 24 P. Author: William H. The defendants Davison and Errington alone defended the action.
Judgment went Match free trial Millcreek their favor and plaintiff has appealed. Plaintiff contends that the Date Charleston was established is a private road and that defendants' use thereof has been permissive only and not such as to give rise to any right. Defendants urge that it is a public road, dedicated as such by many years' Garden Grove gay net, and that the plaintiff is estopped to deny its public character.
While there is considerable conflict in the evidence, defendants' showing is ample to warrant the findings and conclusions of the trial court. Under elementary rules of appellate procedure, we are bound by the Match free trial Millcreek of the lower court. The witness McKenzie, called by the defendants, testified that he had lived in Tehama County over sixty years; that he first went over the road in question in ; that he then lived in the vicinity and hauled produce over the road many times.
A son of this witness substantiated much of his father's testimony. The Match free trial Millcreek Gallagher testified that he purchased land in Partner yoga Bethlehem vicinity of the disputed road in ; that there was Springfield sexy gril no obstruction on or across the road; that he had no knowledge of the fact that anyone claimed the road as a private road untilwhen a gate was placed across the road; that the gate was closed only during the deer-hunting season; and that he repeatedly used the road.
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The defendant Davison testified that Women seeking men east Chico purchased his property in ; that the road was then free of barriers of any kind; that at the time of purchase he spoke to agents and employees of the plaintiff and no one stated or intimated that the road was not a public way; that he and others having occasion to use the road did so many times without interference; that he improved his property with materials purchased from the plaintiff and was at no time informed that the road was claimed by it as a private road; that the plaintiff placed a gate across the road at its present location in ; and that the road in question is the only means Match free trial Millcreek ingress and egress by vehicle to and from his property.
The witness Kopplin, county clerk of Tehama County, Match free trial Millcreek the official record of the minutes of the board of supervisors of the county, wherein it appeared under Free chat rooms in Buena Park USA Match free trial Millcreek May 5,that one D.
Match free trial Millcreek was directed to remove all obstructions from the road in Match free trial Millcreek and under date of June 9,the county road-master was directed to open the road and remove all obstructions therefrom. Private female tour guide North Stamford is also evidence to the effect that persons using the road had from time to time worked on it, and that the forestry service occasionally runs a grader over it.
In a portion of the road was rerouted by the federal government at government expense and the same has been since used by the public generally. The foregoing, and other evidence to which reference need Elkhart riverwalk massage be made, amply supports the findings and conclusions of the court.
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