Munn v. Rateliff

Frank Holt, Justice.

Appellee stopped appellant from using a one-half mile road which tráverses appellee’s enclosed lands from a highway to appellant’s unoccupied lands. The appellant then sought a mandatory injunction to require appellee to remove her gate across the road and to enjoin her permanently from maintaining the gate or in any manner interfering with appellant’s use of the road. Appellant alleged the road is a public one. The appellee denied that the road was a public way and asserted that it had been abandoned for many years and that she had regularly maintained the fence or gate…