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POOLE v. FIRST & MERCHANTS NATIONAL BANK

173 S.E.2d 669 (1970)

210 Va. 701

Frank G. POOLE et al. v. FIRST & MERCHANTS NATIONAL BANK et al., etc., et al.

Supreme Court of Appeals of Virginia.

April 27, 1970.

Attorney(s) appearing for the Case

H. Marston Smith, W. Tayloe Murphy, Warsaw (Smith, King & Murphy, Warsaw, on the brief), for appellees.

Franklin J. Carter, Richmond (Lewis W. Martin, G. Clinton Moore, Richmond, on the brief), for appellants.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

The estate of W. Tayloe Murphy brought this suit against Frank G. Poole for a declaratory judgment to resolve a controversy between them about a pond known as "Herring Pond" in Westmoreland County.1 The controversy arose because the Murphy estate claims that Herring Pond is private property owned by it in fee simple, whereas Poole claims that the pond is public property which he has the right to use and enjoy.

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