Foshee v. Brigman

This bill was brought by certain landowners to enjoin defendant Brigman from maintaining gates or bars across a right of way to which complainants were entitled, running across the lands of the defendant, from their premises to the public road. The chancellor dismissed the bill but the Court of Appeals reversed his decree and decreed for complainants on the authority of Melton v. Donnell, 173 Tenn., 19, 114 S. W. (2d), 49.

The chancellor’s decree was evidently based on Luster v. Garner, 128 Tenn., 160, 159 S. W., 604, 48 L. R. A. (N. S.), 87, Ann. Cas., 1914D, 769. In Melton v. Donnell, supra,…