Walters v. Smith

This suit was instituted by Dorothy C. Smith for the purpose of compelling J. Penn Walters and J. J. Cozart, hereinafter referred to as defendants, to open a certain street or alley, which she alleged that they unlawfully closed, thereby causing her irreparable damage and injury. The prayer of the bill was that Walters and Cozart be restrained and enjoined from obstructing the street or alley leading from the southern portion of her property to a public highway, and that a mandatory injunction be awarded requiring them to remove a building constructed by them across it.

After a full hearing,…