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McCORMICK v. McNALLY

Docket No. 3978.

98 Cal.App.2d 602 (1950)

220 P.2d 780

ADELAIDE GILLIS McCORMICK et al., Respondents, v. ROBERT McNALLY et al., Appellants.

Court of Appeals of California, Fourth District.

July 25, 1950.

Attorney(s) appearing for the Case

Byron F. Lindsley for Appellants.

McInnis & Hamilton and John W. McInnis for Respondents.

BARNARD, P.J.

This action involves a claimed easement for road purposes. The plaintiffs own 350 acres of mountainous land and the defendants own 80 acres adjoining it on the west. For many years the defendants have had, and still have, access from their property to the public road over a route other than that here claimed.

A quarrel occurred between Mr. McNally and the then owner of plaintiffs' land in 1934. McNally then built a wire fence on his side of the...

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