Owens v. Hockett

Petitioners instituted this suit against the respondent, R. M. Hockett, for damages and for mandatory injunction to require Hockett to remove a fence which was erected by him across a road on or about April 4, 1951, and to remove certain obstructions placed in the road, and to “grade, smooth and level” said road, and “to put said road in as good and passable condition as it was immediately prior to April 4, 1951”. Petitioners alleged in their petition four separate and distinct theories as a basis for their contention that they were entitled to the relief prayed for. They alleged (a) that…