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LOFLAND v. TRUITT

260 A.2d 909 (1969)

James W. LOFLAND and Ruth M. Lofland, Robert B. Fitzgerald and June L. Fitzgerald, Hayward Robinson, and James M. Morgan, Plaintiffs, v. William L. TRUITT and Hilda T. Truitt, Defendants.

Court of Chancery of Delaware, New Castle.

November 14, 1969.

Attorney(s) appearing for the Case

Theodore F. Sandstrom, of Killoran & Van Brunt, Wilmington, for plaintiffs.

Jackson W. Raysor, of Tunnell & Raysor, Georgetown, for defendants.

MARVEL, Vice Chancellor:

Defendants have built a wire and post fence across what plaintiffs claim is their established means of access to their properties,1 and, after trial, plaintiffs ask for a permanent injunction against such interference by defendants with their alleged rights of ingress and egress to their separate lots over the road in question. Plaintiffs' application is based on two arguments. They contend first that an easement...

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