Rensselaer Republican, Volume 17, Number 43, Rensselaer, Jasper County, 2 July 1885 — A Celebrated Case. [ARTICLE]

A Celebrated Case.

Savi.ek vs. Makeever. On the 10th ult., the Supreme Court reversed the case of Lucius Strong vs. Simon P. Thompson et al, on appeal from the Newton'Circuit Court. Tbs case is better known in this county as “The Savifcr, Makeover road case'’,

and has excited a good deal of interest, especially in Newton township. The subject of the controversy is the two miles of road running west from the east line of l\ewton township, through the farms of John Makeevery the Pancoast farm and dividing a portion of the lands of D. S. Makeover and Jared Benjamin. The west mile of this road has been open to travel since 18.37 and the other mile still longer. It was opened and fenced by the several land owners, as they Supposed, with -the section line for its center; but, as it turned out by a later survey, it varied trom the line going from East to West, so that the West eighty rods was all on the north side of the line and all on the land of D. S. Makeever. After it had becst.cleared graded and bridged by the public and used uninterruptedly for 25-years, the petitioners tilled apedition with .our Board of Commissioners to have the road recorded .with its width equally on either side of the section line as established by the new survey. To this, the road Superintendent of Newtou township, remonstrated and claimed the road as it had been turned out to and improved and used by the public, without regard to artificial laws. S. P. Thompson appeared ter the petitioners and Frank W. Babcock for the township remonstrant. T:»e lio&rd of Commissioners, under the advice of;their county Attorney, held with the petitioners and the townd*ip appealed to the Circuit Court. On motion of the petitioners thfi venue was changed to Newton county, where the case was t ,- ied by ft Jury and a verdict and judgment* for the petitioners. ’There was no dispute that ihe road as contended for by the township, had been, voluntarily turned out hy the ow ners of the soil and that parts of it h.td been converted from an inpassiblu marsh and other obstructions to ha ve it to a good road anti the way user! for 25 years as a public road. The township, by Mr. Babcock its attorney,-ap-pealed to lire Supreme Court and urge j a number of efrofs in tne proceedings of the trial court. ’ , *