Johnson v. Brown

Defendant had fenced in an old road which complainant insisted was a public way, and complainant filed her bill to enjoin the maintenance of this fence. The chancellor awarded the injunction, and refused on motion to dissolve it. Finally, after lengthy litigation the bill was dismissed. The case was then, according to the *396customary practice in chancery canses in this State, referred to the master for a report on damages on the injunction bond. It appeared from the report and the evidence that defendant, instead of simply setting his fence back so as to leave the road ont of his field, cnt or…