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HARLESS v. MALCOLM

87 S.E.2d 817 (1955)

197 Va. 56

S. W. HARLESS and Beatrice Harless v. J. W. MALCOLM and Julia Malcolm.

Supreme Court of Appeals of Virginia.

June 13, 1955.

Attorney(s) appearing for the Case

M.E. Burson, Ralph H. Brumet, Bristol, for appellants.

Warren & Warren, Bristol, for appellees.

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

MILLER, Justice.

This suit in equity was brought by S.W. and Beatrice Harless against J.W. and Julia Malcolm to enjoin them from using a road or lane that crosses land owned by complainants. Defendants claimed that they enjoyed an easement in the road over complainants' land as a means of ingress and egress between their land and a public highway, known as the Benham road.

Part of the evidence submitted to the court was in deposition form and part was heard...

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