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MIDDLETON v. JOHNSTON

Record No. 790035.

273 S.E.2d 800 (1981)

Robert MIDDLETON et al. v. Brice JOHNSTON, Jr. et al.

Supreme Court of Virginia.

January 16, 1981.

Attorney(s) appearing for the Case

A. Dow Owens, Pulaski, for appellants.

William R. L. Craft, Jr., Christiansburg (Craft & McGhee, P. C., Christiansburg, on brief), for appellees.

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

COMPTON, Justice.

In this appeal of an equity suit involving adjoining landowners, we consider whether a right of way by necessity has been established.

In June of 1973, appellees Brice Johnston, Jr., and M. Teresa S. Johnston, his wife, plaintiffs below, filed a bill of complaint against appellants Robert Middleton and Fred Cook, defendants below. Also sued were Horace Strickler and Harry Strickler, trading as Strickler Brothers. Plaintiffs own a 98-acre...

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