Evans v. Scott

TALBOT, Associate Justice.

We adopt appellant’s statement of the nature of this suit, which is substantially correct, as follows:

“This is a suit instituted by the appellees, R. F. Scott and A. L. Stephenson, in the District Court of Lamar County, Texas, on the 7th day of May, 1903, asking for the issuance of a mandatory writ of injunction commanding the appellant Evans to remove certain obstructions placed by him on the road in controversy, called the ‘Evans Lane,’ and an order perpetually enjoining him from closing up said road.

Plaintiffs claim that the road in question is a public road; that…