BAPTIST FOUNDATION OF ALABAMA v. PENN

SC 1112.

324 So.2d 766 (1975)

The BAPTIST FOUNDATION OF ALABAMA v. Walter L. PENN et al.

Supreme Court of Alabama.

Rehearing Denied January 15, 1976.


Attorney(s) appearing for the Case

Richard H. Gill, Montgomery, for appellant.

Sterling G. Culpepper, Jr., Montgomery, for appellees.


BLOODWORTH, Justice.

The Baptist Foundation appeals from a final decree of the Circuit Court of Montgomery County enjoining it from obstructing a road. We affirm.

This case began as a suit by The Baptist Foundation to enjoin a continuing trespass to lands held by it under a testamentary trust. In its petition, The Baptist Foundation alleged that appellee Penn had crossed and was continuing to cross an old roadway or trail on the Foundation's lands and was...

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