Dickson v. Dickson

SIMPSON, Justice.

The case made by the amended bill is to prevent the obstruction of a roadway and the equity is rested upon the right of a public road by prescription.

The general rule in this jurisdiction is that “an open, defined roadway, in continuous use by the public as a highway, without let or hindrance, for a period of 20 years, becomes a public highway by prescription.” Central of Georgia Railway v. Faulkner, 217 Ala. 82, 114 So. 686, 687.

The bill of complaint to successfully assert such a right must show adverse user, excluding the private rights of the owner, continuously and…