Raney v. Gunn

Grieein Smith, Chief Justice.

Plaintiffs and defendants each own eighty acres, forty having a common boundary. A road, constructed over half a century ago, entered defendants’ property from a country road on defendants’ southboundary describing an arc across defendants’ property and passing a dwelling on plaintiffs’ land.

In August, 1951, defendants closed gates on the road and attempted to extinguish it. Plaintiffs sought injunctive relief as members of the public entitled to benefits of prescriptive right to the road. The Chancellor denied the petition, finding that the public had abandoned.

Ap…