ALSMAN ET AL. v. MATTHEWS ET AL.

No. 18,511.

125 Ind. App. 132 (1954)

122 N.E.2d 145

ALSMAN ET AL. v. MATTHEWS ET AL.

Court of Appeals of Indiana.

Rehearing dismissed December 8, 1954.

Petition to reconsider denied December 15, 1954.


Attorney(s) appearing for the Case

Cecil C. Tague, Sr., of Brookville, and O.B. Hanger, of Indianapolis, for appellants.

O.W. Hubbard and James P. Mullin, both of Brookville, for appellees.


KELLEY, P.J.

This action was instituted by the appellees against the appellants on June 27, 1951, seeking to have "declared" by the court a right of way in favor of appellees across appellants' land and to perpetually enjoin appellants from closing the same or interfering with appellees' free use thereof. Appropriate pleadings closed the issues.

The court, after hearing the evidence, found for appellees and entered judgment that appellees have and hold an...

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