Hamby v. Stepleton

The last amended or substituted bill of complaint expressly renounces any claim tó relief upon the idea of a prescriptive right to the use of the road. Nor does it show a right to the road under an express valid grant as the agreement relied upon was oral and not binding upon the respondent. Hicks v. Swift Creek Mill Co., 133 Ala. 411, 31 So. 947, 57 L. R. A. 720, 91 Am. St. Rep. 38. The fact, however, that the parties discussed the road and the question of keeping the same open at the time of the purchase of the land by the complainant from the respondent was an evidential fact that the road…