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MIZE v. OWNBY

225 S.W.2d 33 (1949)

MIZE v. OWNBY.

Supreme Court of Tennessee.

December 10, 1949.

Attorney(s) appearing for the Case

O. M. Connatser, of Sevierville, Clyde W. Key, of Knoxville, for John B. Mize, complainant.

Thad D. Smith, B. A. Townsend and E. E. Creswell, all of Sevierville, and Homer A. Goddard, of Maryville, for Marshall Ownby, defendant.

PREWITT, Justice.

The Chancellor held that defendant Ownby had no right to substitute cattle guards for gates on an easement or roadway over the servient estate of complainant Mize for the benefit of the dominant estate of defendant Ownby. The Court of Appeals reversed the decree of the Chancellor, holding that under the facts the substitution was lawful and proper. The cause is here on petition for certiorari.

Complainant...

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