Meek v. Love

Appellee — plaintiff below — seeks by this suit to enjoin the erection and maintenance of a fence parallel with and extending into a road running- through the center of section 22, township 6 north, range 20 west. It was alleged and the court below found the fact to be “That said road is a public thoroughfare by prescription,” and upon this finding enjoined its obstruction. It is conceded that the erection of the fence operates to prevent the use of the road as such.

The testimony is conflicting as to whether the road had become public, and we are unable to say that the chancellor’s finding on…