strip thirty feet wide along the west side of appellants' forty for a right of way, alleging, as required by Tit. 19, § 56, as amended, that their land was outside the corporate limits of a municipality, no part of which was adjacent or contiguous to any public road or highway and the lands intervening and lying between their lands and the public road nearest or most convenient thereto were appellants' lands.
The issue was tried in the probate court and the right of way was condemned. Appellants appealed to the circuit court and the issue of the right to condemn was heard by the trial court without a jury, and the question of damages was submitted to a jury.
The evidence showed that appellees had access to their fortyby a logging road which ultimately connected with U. S. Highway No. 31. Although this logging road or trail had existed for some thirty years or more, it was undisputed that the county did not maintain it, that it was not a public road and what upkeep it received was provided by people who used the road. A paved county road touched the southwest corner of appellants' property and the right of way sought ran from the southwest corner of appellees' property south along the *742 west line of appellants' property to appellants' southwest corner.
Appellants' position is that appellees knew that there was no public road leading to their property when they purchased it, that they hauled in building material to build a house over the logging road,