Mosteller v. Southern Railway Co.

Tbe plaintiffs rely on alternative propositions, either of wbicb, tbey contend, puts tbe defendant in tbe wrong: (1) Tbat tbe relocation of tbe highway constituted an abandonment by tbe Highway Commission of tbe discontinued portion of tbe old road, wbicb, as tbey contend, automatically, under C. S., 3838 (b) (Michie’s Code, 1939), gave it tbe status of a neighborhood public road, wbicb defendant bad no right to obstruct; (2) tbat there bad been a complete official abandonment or vacation of tbe road, in wbicb case, as persons who bad purchased and built adjacent thereto on tbe faith of its…