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SHERER v. BURTON

79-45.

393 So.2d 991 (1981)

Harry SHERER and Olivia Sherer v. Craig BURTON and Ivous Burton.

Supreme Court of Alabama.

January 30, 1981.

Attorney(s) appearing for the Case

Edward R. Jackson of Tweedy, Jackson & Beech, Jasper, for appellants.

James C. King of Wilson & King, Jasper, for appellees.

TORBERT, Chief Justice.

Plaintiffs, Craig and Ivous Burton, and defendants Harry and Oliva Sherer own adjacent pieces of property in Jasper, Alabama. A dispute arose concerning the construction of an access road to the Burtons' property across that of the Sherers, and the Burtons filed a suit for declaratory judgment.

Service was not perfected on defendants, Harry and Olivia Sherer, but a default judgment was rendered against them on December 21, 1978. When...

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