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BROWN v. HEIDERSBACH

No. 3-375A34.

360 N.E.2d 614 (1977)

Roscoe BROWN et al., Appellants (Defendants below), v. Thomas C. HEIDERSBACH et al., Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied April 13, 1977.

Attorney(s) appearing for the Case

David Peebles, Fort Wayne, for appellants.

Jerrald A. Crowell, Fort Wayne, for appellees.

STATON, Presiding Judge.

The Browns platted some of their property on Lake George. The Smiths and Heidersbachs held title to several of the platted lots and enjoyed an easement to the lake. Later, the Browns platted additional property and gave the titleholders of these lots the use of the same easement. The Smiths1 and the Heidersbachs brought an action which sought an exclusive use of the easement and damages. The trial court rendered...

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