Lusby v. Herndon

Paul Ward, Associate Justice.

This litigation is between adjoining landowners over a road which the parties (and their predecessors in title) and the public had (at various times) used over a period of some fifty years. Appellants closed the road (by erecting gates and fences) and appellees brought suit in chancery to prohibit appellants from doing so. In appellants ’ answer they admitted erecting fences across the road, but denied the said road was a public road. They stated also that appellees were estopped from claiming a right to nse the road since they had deeded the land (where the road…