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UMBREIT v. CHESTER B. STEM, INC.

No. 1-377A56.

373 N.E.2d 1116 (1978)

Herman E. UMBREIT and Norma R. Umbreit, Defendants-Appellants, v. CHESTER B. STEM, INC., Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

March 30, 1978.

Attorney(s) appearing for the Case

Rudy & Ward, New Albany, for defendants-appellants.

J. Spencer Harmon of Orbison, O'Connor, MacGregor & Mattox, New Albany, Orville Funk and Arvil L. Funk of Hays, O'Bannon & Funk, Corydon, for plaintiff-appellee.

ROBERTSON, Judge.

The plaintiff-appellee, Chester B. Stem, Inc. (Stem) filed suit against the defendant-appellants, Herman E. and Norma R. Umbreit (Umbreit) after Umbreit had used a bulldozer to clear a roadway across Stem's land to Umbreit's adjacent property. Stem sought damages for trespass and an injunction preventing further use of the roadway by Umbreit. Umbreit counterclaimed seeking to be declared the owner of an easement by prescription of the roadway.

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