Scruggs v. Beason

STAKELY, Justice.

This is an appeal from, a final decree of the equity court enjoining J. D. Scruggs (appellant) from placing a fence and gate across a road. In the bill, filed by J. H. Beason and L. M. Bagett (appellees), the roid is alleged to be a public road. Two questions are presented for our review, first, whether the appellees have such an interest in the alleged public road as to enable them to maintain the action and, second, whether the road is a public road. The first -question is presented on demurrer to the bill, which was overruled by the court. The second question arises on the…