McCrary owned a tract of 10 acres adjoining the Oakland Gardens Subdivision and had a frontage on a public road (an abandoned street car line), which had been free and open for public use for over 20 years. Plaintiff bought tract 5 years ago and def. or his sons had made low offers for the same land, which pla. Had refused. Plaintiff suing def. for building a fence across said public road, thereby hoping to decrease the value of his land and purchase it for less than its actual value. 2 folders.