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CHARLESTON NATIONAL BANK v. THOMAS

No. 10989.

105 S.E.2d 184 (1958)

The CHARLESTON NATIONAL BANK and Robert E. Kelly, Jr., Trustees, etc. v. Frank K. THOMAS.

Supreme Court of Appeals of West Virginia.

Decided October 14, 1958.

Attorney(s) appearing for the Case

Mahan, White, Higgins & Graney, Stanley Higgins, Jr., Fayetteville, for appellants.

Karl P. Warden, Fayetteville, Myron R. Renick, Charleston, for appellee.

GIVEN, Judge.

Plaintiffs, The Charleston National Bank and Robert E. Kelly, Jr., Trustees under the last will and testament of Robert E. Kelly, instituted a proceeding in the Circuit Court of Fayette County, alleging that defendant, Frank K. Thomas, had entered certain enclosures, cut, destroyed, or removed, certain fencing, gates and trees, and threatened to continue such trespasses, and prayed that defendant be permanently enjoined from further such trespasses....

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