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KNIERIM v. LEATHERWOOD

542 S.W.2d 806 (1976)

Rupert W. KNIERIM et al., Appellants, v. Robert H. LEATHERWOOD et al., Appellees.

Supreme Court of Tennessee.

October 18, 1976.

Attorney(s) appearing for the Case

Thomas Privette, Jr., Knoxville, for appellants.

Richard Stair, Sr., Ronald L. Grimm, Ambrose, Wilson, Lockridge & Grimm, Knoxville, for appellees.

OPINION

HENRY, Justice.

This civil action was instituted by certain adjoining and abutting property owners, and others, seeking to enjoin the obstruction of a roadway and a declaration of its existence as a public right-of-way.

The Chancellor sustained a motion to dismiss and this appeal ensued.

I

It is first necessary that we address the pleadings and the issues they posed in the trial court. Omitting for the time being the allegations...

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