The fundamental question in this case is whether a certain highway, which crossed the right of way of the appellant, had been legally established.

This involves a freehold, and we must, therefore, dismiss the appeal. Chaplin v. Comrs., etc., 126 Ill. 264; Town of Brushy Mound v. McClintock, 146 Ill. 643.

Leave is given appellant to withdraw record, abstracts and briefs. Appeal dismissed.