Tolbert v. McClellan

(after stating the facts as above). The contention presented by the only proposition in appellants’ brief is that the testimony warranted a finding that the owner dedicated the strip of land in controversy to the public for use as a road, or, if he did not, that the public by prescription acquired a right to so use it, and that the trial court therefore erred when he peremptorily instructed the jury to find in appel-lee’s favor.

The contention is predicated on testimony showing that during the 30 years immediately preceding the time when the cause was tried such of the public as chose to do so…