Austin v. Durbin

— Defendant-appellant Austin appeals from a judgment permanently enjoining him from constructing a roadway over a lot which he purchased in a restricted subdivision.

Austin presents four alleged errors for review:(1) Whether the trial court erred in granting an injunction which purportedly exceeded the prayer for relief.(2) Whether the trial court erred in failing to find that plaintiffs-appellees Durbin et al., were estopped from seeking an injunction due to prior acquiescence in the use of said lot as ingress and egress to an adjoining tract.(3) Whether the roadway contemplated by Austin was…