LUSBY v. HERNDON

No. 5-2708.

361 S.W.2d 21 (1962)

A. D. LUSBY et al., Appellants, v. Mrs. Joyce HERNDON et al., Appellees.

Supreme Court of Arkansas.

October 8, 1962.


Attorney(s) appearing for the Case

Robert W. Henry, Conway, Yingling, Henry & Boyett, Searcy, for appellants.

Lightle & Tedder, Searcy, for appellees.


WARD, Justice.

This litigation is between adjoining landowners over a road which the parties (and their predecessors in title) and the public had (at various times) used over a period of some fifty years. Appellants closed the road (by erecting gates and fences) and appellees brought suit in chancery to prohibit appellants from doing so. In appellants' answer they admitted erecting fences across the road, but denied the said road was a public road. They stated also...

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