LORE, C. J.
A petition, in the usual form, of William B. Jackson, for a private road in Mill Creek hundred, having been filed by agreement, Mr. Hayes appeared in court, October 2d, and asked for the appointment of the freeholders.
Mr. Hoffecker: I ask that we be allowed a hearing before the freeholders are appointed. Our objection is that the petitioner is not the owner of the land for which he seeks an outlet through another's land. The question as to whether or not he is the legal owner is not such a question as the commission can pass upon, but is a question for the court.
Walter H. Hayes, for petitioner.
Frank H. Hoffecker, for defendant.
LORE, C. J. We understand there is no objection as to the sufficiency or regularity of any of the papers. On the face of this paper, the petitioner is clearly entitled to this commission. The time to object, it occurs to the court, is when the return is made by the freeholders. You take your commission subject to the right of the other parties to except at that time.
The freeholders were then appointed by the court.