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ENDERLE v. SHARMAN

No. 1-580A121.

422 N.E.2d 686 (1981)

Frank J. ENDERLE and Kay M. Enderle, Appellants (Plaintiffs below), v. John L. SHARMAN, John W. Sharman, John H. Williams, Jr.: Birch I. Williams, S. Miller Williams, As Co-Executors of the Last Will and Testament of Alice Ijams Sharman, Deceased, & Fereydoon B. Boushehry, Appellees (Defendants below).

Court of Appeals of Indiana, First District.

Rehearing Denied August 11, 1981.

Attorney(s) appearing for the Case

Robert A. Hutchens, Patrick, Gabbert, Wilkinson, Goeller & Modesitt, Terre Haute, for appellants.

Geoffrey G. Creason, Terre Haute, for appellee Fereydoon B. Boushehry.

Cox, Zwerner, Gambill & Sullivan, Terre Haute, for appellees, John L. Sharman, John W. Sharman, John H. Williams, Jr., Birch I. Williams, S. Miller Williams, as co-executors of the Last Will and Testament of Alice Ijams Sharman, deceased.

ROBERTSON, Judge.

Frank J. Enderle and Kay M. Enderle (Enderle) appeal the summary judgment entered in favor of the co-executors of the estate of Alice Ijams Sharman (Sharman) and Fereydoon B. Boushehry (Boushehry). This case concerns an easement which runs over four tracts of land in Vigo County. Enderle initiated this proceeding by bringing an action to quiet title. The action was referred to a special master by the agreement of parties. Sharman and Boushehry moved...

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