Malone v. Whitfield

HALL, Justice.

The parties to this suit are plaintiffs Mr. and Mrs. Grover Whitfield, and defendants Dr. and Mrs. James D. Malone. Plaintiffs alleged that defendants have placed a locked gate across a public road in Bosque County which leads to plaintiffs’ land; and they pleaded for a permanent injunction enjoining defendants from obstructing the road and from interfering with the use and maintenance of the road by plaintiffs and the public. Plaintiffs alleged that the road had been acquired by the public by prescription and by implied dedication.

Defendants answered with a general denial.

The…