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STANARDSVILLE VOLUNTEER FIRE CO. v. BERRY

Record No. 820507.

331 S.E.2d 466 (1985)

STANARDSVILLE VOLUNTEER FIRE COMPANY, INCORPORATED v. David F. BERRY, et al.

Supreme Court of Virginia.

June 14, 1985.

Attorney(s) appearing for the Case

C. Waverly Parker, Stanardsville, (Robert L. Bushnell, Wise, on brief), for appellant.

Daniel R. Bouton, Stanardsville, (L.B. Chandler, Jr., Puryear, Chandler & Early, Stanardsville, on brief), for appellees.

Present: All the Justices.

RUSSELL, Justice.

This appeal arises out of a protracted controversy concerning the location of an easement. The dispositive question is whether the court erred in transferring an action of trespass to chancery, depriving the plaintiff of the right of trial by jury. Because we must reverse on procedural grounds, the factual background requires only brief discussion.

In 1965, the Stanardsville Volunteer Fire Company, Incorporated (Fire Company), purchased a...

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