Spencer v. Johns

This is an appeal from an order of the chancery court requiring each party to pay his own costs in this litigation.

It appears that appellants were about to close a public road, and, on petition of appellees, they were temporarily enjoined from so doing. An agreement was entered into by appellants granting a thirty foot right-of-way across their lands, and appellees agreed to dismiss that suit, each party to pay half the costs. Before a dismissal was actually entered, appellants built a fence up the center oif the road. Thereupon appellees filed an information for contempt. A temporary…