State Ex Rel. Hill-House v. Hunter Raffety Elevator, Inc.

TITUS, Judge.

Plaintiff, individually and as trustee of the Vallandingham Cemetery Trust, sued to enjoin defendant from obstructing a roadway across the latter’s property, to require defendant to replace a culvert on its property at the roadway site and to restore the roadway for the use of plaintiff and the public. Sitting in equity, the trial chancellor decreed in plaintiff’s favor by ordering defendant to replace the culvert and reconstruct the roadway at its expense. However, as the decree called for the reconstructed roadway to be built a short distance north of where plaintiff claimed it…