Calhoun v. Ozburn

Jenkins, Justice.

The grantee under a deed from the State Banking Department in charge of a defunct bank, as the owner of the south 375 feet of a tract 600 feet deep and 300 feet wide, filed his petition to enjoin a threatened closing, as a continuing nuisance, of an alleged private roadway running from her land, against the two owners of the lots in the north 335 feet of the tract, lying between plaintiff’s land and North Avenue in the City of Hapeville. The pleadings and undisputed evidence showed that all of the tract was owned originally by Thomas and his wife, who conveyed it to the Bank…