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PHILLIPS v. PHILLIPS

[No. 8, September Term, 1957.]

215 Md. 28 (1957)

135 A.2d 849

PHILLIPS ET UX. v. PHILLIPS ET AL.

Court of Appeals of Maryland.

Concurring opinion filed December 13, 1957.

Attorney(s) appearing for the Case

John A. Meyer, for appellants.

Arnold Fleischmann, with whom were Smalkin, Hessian, Martin & Taylor, Paul Martin and A. Frederick Taylor on the brief, for appellees.

The cause was argued before BRUNE, C.J., and COLLINS, HENDERSON, HAMMOND and PRESCOTT, JJ.

Concurring opinion of BRUNE, C.J., filed December 13, 1957.

HENDERSON, J., delivered the opinion of the Court.

The appellants filed a bill of complaint in the Circuit Court for Baltimore County, to enjoin the obstruction by the appellees of a driveway on the adjoining land of the appellees, the use of which the appellants claimed by prescription. The respondents filed an answer denying the claim and alleging that the use made of the driveway was permissive...

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