Ward v. Rice

POPE, Justice.

This is a suit in which the court in a non-jury trial permanently enjoined appellants from using a road. Whether the road had ever been dedicated to the public is the only point in this case.

During April of 1943, J. C. Rice, trustee, purchased 31.196 acres of unimproved and fenced farm land, and thereafter proceeded to cut the tract into thirty lots. During 1944 he constructed a road across the tract. This road extends from the north edge of the tract in a southerly direction to a point' about twenty-five feet from a fence on the south line. Fifteen lots are located on the west…