SMITH v. GAMBLE

SC 1879.

344 So.2d 749 (1977)

Harvey R. SMITH et al. v. Margaret Anne Alison GAMBLE.

Supreme Court of Alabama.

Rehearing Denied May 6, 1977.


Attorney(s) appearing for the Case

Drayton N. Hamilton and Edwin K. Livingston, Montgomery, for appellants.

Harry W. Gamble for Gamble & Gamble, Selma, for appellee.


MADDOX, Justice.

This appeal involves the question of whether a portion of the "Old Cahaba Road" in Dallas County was a "public road," a "public easement" or a "private easement."

Plaintiff-appellee, Margaret Anne Alison Gamble, filed her complaint against defendants, Harvey R. Smith, Vivian C. Smith, Jessie Lee Money, and Connie Money, in which she alleged that the defendants claimed a right to go over her lands to get to a public highway, and to use an old...

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