Stephens v. Hubbard

Opinion of the Court by

Judge Clay

Reversing.

For a great many years there was an old road leading up Spurlock creek in Floyd county. In the year 1924 certain citizens and landowners of Floyd county filed in the county court a petition to open a new road only a short distance away. Orders were entered directing the construction of the new road and accepting the road after its completion, and it was further provided in the order and acceptance “that the old road is hereby abandoned by the county.” Notwithstanding the order of abandonment, the use of the old road was continued for some two or…