McIntyre v. Storey

Mr. Chibe Justice Scott

delivered the opinion of the Court:

This hill was to enjoin defendants from opening through the premises of complainant what they insist is a public highway. Difficulty had previously existed in regard to the existence of a public road at the point in controversy. Defendants, or other parties, had torn down the fences, under pretense of opening to the use of the public the highway, and complainant had as often restored it. The town of Washington, in which the premises are situated, had prosecuted complainant under the statute for obstructing the highway, and in two civil…