City of Whitwell v. White

OPINION

TODD, Judge.

This suit was filed by the complainants, City of Whitwell and Hazel Henderson to prohibit defendant, Arley White, from obstructing a certain right of way claimed by defendant as his exclusive property. Defendant denied all allegations supporting the right of way and by cross action sought *230removal of city water lines from the disputed right of way.

After hearing on oral evidence, the Chancellor found:

a. That the City of Whitwell had failed to establish any right of way as a public road.

b. That any right of removal of water lines was barred by the statute of limitations.

c.…