Dunn v. Deussen

RENFRO, Justice.

The appellee Alexander Deussen sued for a mandatory injunction to require appellant C. Hobson Dunn- to remove a gate from an alleged public road. In his petition he alleged he was entitled to the relief sought, because (a) he had acquired a private easement by prescription; (b) the public had acquired a public easement .by prescription; (c) the road had been dedicated to the public — by acts of appellant and his predecessors in title and by the acceptance of ■ such dedication by the public; (d) appellee was entitled to a way of necessity.

The jury found in answer to special…