Armstrong v. Itawamba County

Dissenting Opinion.

Smith, C. J.,

delivered a dissenting opinion.

The appellants a number of years ago fenced their land through which a road runs, and maintain gates therein where the road enters and leaves their land. The decree appealed from makes final an injunction obtained by the appellee directing the appellants to remove these gates and to refrain from replacing them. The bill of complaint alleges that the road has become a public road subject to the control of appellee by adverse user for more than ten years. The bill does not allege, and the evidence negatives the existence of an order…