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KULLGREN v. SLEETER

118 S.E.2d 514 (1961)

202 Va. 507

John F. KULLGREN et al. v. Frank SLEETER et al.

Supreme Court of Appeals of Virginia.

March 6, 1961.

Attorney(s) appearing for the Case

Elijah B. White, Leesburg (Richard E. Hill, Thomas W. diZerega, Leesburg, on brief), for appellants.

Charles Pickett, Fairfax (Wilbur C. Hall, George M. Martin, Leesburg, on brief), for appellees.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, and I'ANSON, JJ.

WHITTLE, Justice.

John F. Kullgren and wife filed a bill in the circuit court against Frank Sleeter, et al., praying that a declaratory judgment be entered decreeing that they are the owners in fee simple of certain lands located in Loudoun County, and that there is "no public road, right of way or easement over the same."

The bill alleged that various persons, including Sleeter, claimed that there "is a public road, easement or right of way for their benefit...

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