McDONALD, Chief Justice.
This is a suit for declaratory judgment to determine the distribution of the proceeds from the sale of a 40 foot roadway comprising 4.11 acres of land, amounting to $24,666. Parties will be referred to as in the Trial Court. Plaintiff (appellant) Ginther asserted claim on the theory that the road was especially created in his chain of title as a private easement and as part of the consideration for the adjacent property being purchased under...
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