Dowlen v. Klapper

DENTON, Chief Justice.

Appellees, W. M. Klapper and J. D. Groves, instituted this suit against J. R. Dowlen to declare the existence of a public road; to enjoin Dowlen from obstructing said road; and for a mandatory injunction to require him to remove a fence which • it is alleged he erected within the boundary line of said public road; and for damages. The case was tried before the court without a jury. The trial court found in the judgment that the evidence supported plaintiffs’ allegations that a public road, as described, had existed since 1909; that the public road had been used by the…