Tarter v. Wilson

Opinion of the Court by

Turner, Commissioner

■ Reversing.

Appellees, Wilson and Meeee, brought this equitable action against Tarter and wife, seeking to enjoin them from obstructing a roadway or public passway through the lands of defendants to which plaintiffs claimed a prescriptive right to the use.

The answer was a traverse in the first paragraph, and in the second relied upon a judgment of the county court of Russell county authorizing an alteration or change of the road, insofar as it went through defendant’s property, and alleged that as thus altered and changed by the judgment of the…