KELLER v. HARTMAN

No. 16229.

333 S.E.2d 89 (1985)

Basil KELLER, Committee, etc. v. Woodrow HARTMAN, et al.

Supreme Court of Appeals of West Virginia.

Decided July 11, 1985.


Attorney(s) appearing for the Case

Jerry D. Moore & William McCoy, Jr., Franklin, for appellant.

George I. Sponaugle, II; Sponaugle, Sponaugle & Bowers, Franklin, for appellee.


McHUGH, Justice:

The plaintiff below, Basil Keller, as committee for Wayne Byrd, an incompetent, appeals from a final order entered upon a jury verdict in a declaratory judgment action. The jury found that the appellees own a right of way across a tract of land owned by Wayne Byrd. For the reasons that follow, we affirm.

I

Sam Byrd died, intestate, in 1949. At the time of his death, he owned a tract of...

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