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NICELY v. NICELY

232 S.W.2d 421 (1949)

NICELY v. NICELY et al.

Court of Appeals of Tennessee Eastern Section.

Certiorari Denied December 10, 1949.

Attorney(s) appearing for the Case

C.K. Ellis, of Rutledge, Erma G. Greenwood and R.R. Kramer, Knoxville, for appellants.

Thurman Ailor, of Knoxville, for appellee.

Certiorari Denied by Supreme Court December 10, 1949.

HOWARD, J.

This suit was filed to settle a dispute over whether complainant and those claiming under him have an open-way or just a gate-way over the land owned by defendants.

On August 1, 1903, S.H. Nicely and wife conveyed to the defendant, L.C. Nicely, a tract of land located in Grainger County, the deed reserving the following right-of-way: "This conveyance is made with the understanding and...

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