swimming pool, and a pile of lumber had been placed on his land. Further, another fence had been erected for a length of approximately seventy-five feet and enclosed his property for a depth of ten to fifteen feet.
The appellant testified that he called at the house of the property owner to the rear of his tract, Mrs. Knox, and asked her to remove what she had placed on his land and to restore the removed portion of the old fence. He stated that the appellee maintained that the property was hers. In her testimony Mrs. Knox declared that there was no fence on her property except a little wire fence for some chickens. Further she denied that Desch came to complain about the fence and stated that shedid not even know who Desch was until he took the stand to testify.
In response to a question from the court one of the appellant's witnesses stated that the controverted strip of land was within a right-of-way granted by deed on September 5, 1930, by one of appellant's predecessors in title, Henry J. Walton and his wife *310 to the County Commissioners of Baltimore County. Although this deed affected only a ten foot strip, the lower court concluded that neither party had established any right other than a permissive right to use the land in dispute and that "... the County holds all the rights and privileges in the aforesaid right of way which it would have if it were the owner in fee simple." From a decree