Holz v. Lyles

Appellee filed his original suit in the Circuit Court of Baldwin County, in Equity, to enjoin and restrain appellants from obstructing an area of public land and from maintaining structures and obstructions thereon which interfere with complainant’s (appellee’s) free access from and to his property (lots allegedly adjoining a public road, Magnolia Street, on the south) to Palmetto Creek on the north side of the alleged public street or road. Demurrer to the complaint for want of equity and other grounds was overruled by the trial court. This court reversed the final decree for error in…