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MARKHAM v. HALL

212 S.E.2d 302 (1975)

215 Va. 683

Donald W. MARKHAM v. Lawrence A. HALL.

Supreme Court of Virginia.

March 10, 1975.

Attorney(s) appearing for the Case

Thomas V. Monahan, Winchester (Hall, Monahan, Engle, Mahan & Mitchell, Winchester, on brief), for appellant.

J. Frederick Larrick, Winchester (Hugh D. McCormick, J. Adair Moore, Front Royal, Larrick & White, Winchester, on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

We consider in this appeal whether the plaintiff's evidence was sufficient to establish a private right of way by prescription over the defendant's property. The two contiguous tracts involved in this dispute are primarily mountain land.

On August 21, 1973, the plaintiff, Lawrence A. Hall, filed his bill for injunction against the defendants, Donald W. Markham and Louise W. Markham.1 Hall alleged that he was vested...

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