LINDSEY v. CLARK


69 S.E.2d 342 (1952)

193 Va. 522

LINDSEY et ux. v. CLARK et ux.

Supreme Court of Appeals of Virginia.

March 10, 1952.


Attorney(s) appearing for the Case

G. H. Branaman, Waynesboro, for appellants.

Owen S. Livsie, McRae Werth, Waynesboro, for appellees.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILER, SMITH and WHITTLE, JJ.


BUCHANAN, Justice.

This suit was instituted by the Lindseys to enjoin the Clarks from using a driveway along the north side of the Lindsey lots and to have themselves adjudged the fee simple owners of the two lots claimed by them. The trial court held that the Clarks owned a right of way on the south side of the Lindsey lots and, in effect, put the Lindseys on terms to make it available to them or else allow the Clarks to continue using the one on the north side....

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