UPTON v. MISSISSIPPI VALLEY TITLE INS. CO.

83-582, 83-585 and 83-1034.

469 So.2d 548 (1985)

W. Dave UPTON and Ann Y. Upton v. MISSISSIPPI VALLEY TITLE INSURANCE COMPANY. MISSISSIPPI VALLEY TITLE INSURANCE COMPANY v. V.C. HANDY, Bobbie L. Handy, Homer L. Dobbs, and Peggy R. Dobbs. MISSISSIPPI VALLEY TITLE INSURANCE COMPANY v. W. Dave UPTON and Ann Y. Upton.

Supreme Court of Alabama.

Rehearing Denied April 5, 1985.


Attorney(s) appearing for the Case

Charles R. Driggers of Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, for appellants/cross-appellees W. Dave Upton and Ann Y. Upton.

Larry O. Putt of Smyer, White, Taylor, Putt & Campbell, Birmingham, for appellant/cross-appellee Mississippi Valley Title Ins. Co.

Douglas Corretti and Mary Douglas Hawkins of Corretti & Newsom, Birmingham, for appellees V.C. Handy, Bobbie L. Handy, Homer L. Dobbs, and Peggy R. Dobbs.


Rehearing Denied in 83-585 April 5, 1985.

BEATTY, Justice.

These consolidated appeals are from judgments entered in Jefferson Circuit Court against the appellants herein, Mississippi Valley Title Insurance Company and W. Dave Upton, in an action to determine liability for an undisclosed and unrecorded easement. We reverse and remand.

I.

In August 1974, W. Dave Upton and Roger D. Grubbs, who were...

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