Lovelace v. Hightower

BRICE, Justice.

Plaintiff-appellant (hereinafter referred to as plaintiff) sought to enjoin defendantappellee (hereinafter referred to as defendant) from interfering with plaintiff’s use of an alleged public road or highway across the lands of the latter. Judgment was for defendant, and this appeal followed.

Plaintiff plead, and relied upon, two causes of action. In the first he alleged the establishment of the road or highway in question by the acceptance of a federal grant by means of use by the public while the land was unappropriated public domain, by authority of 43 U.S.C.A. § 932, which…