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STRICKLAND v. BARNES

164 S.E.2d 768 (1968)

Howard STRICKLAND et al., t/a Strickland Brothers, et al. v. Jack P. BARNES et al.

Supreme Court of Appeals of Virginia.

December 6, 1968.

Attorney(s) appearing for the Case

J. Stanley Livesay, Jr., Portsmouth (Babb, Oast & Livesay, Portsmouth, on brief), for appellants.

Hugh A. West, Suffolk (Moody, Mattox, Young & McMurran, Portsmouth, on brief), for appellees.

Before EGGLESTON, C. J., and BUCHANAN, SNEAD, CARRICO, GORDON and HARRISON, JJ.

GORDON, Justice.

Defendants James L. Smith, Jr. and Strickland Brothers appeal from a decree permanently enjoining them from fencingoff a 25-foot strip of land owned by Smith and used by the plaintiffs for access to their properties. The issue is whether the deeds to the plaintiffs' predecessors in title granted them easements to use the 25-foot strip for ingress and egress by motor vehicle.

For an understanding of the facts, a map dated March 14, 1947 (the...

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