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RANEY v. FOUR THIRTY SEVEN LAND CO., INC.

Record No. 840648.

357 S.E.2d 733 (1987)

A. Edward RANEY v. FOUR THIRTY SEVEN LAND COMPANY, INC.

Supreme Court of Virginia.

June 12, 1987.

Attorney(s) appearing for the Case

Paul English Smith, Huntington, W.Va. (Hall, Monahan, Engle, Mahan & Mitchell, Leesburg, on briefs), for appellant.

Stephen K. Fox (Douglas J. Sanderson, Fairfax, on brief), for appellee.

Present: CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

RUSSELL, Justice.

This controversy involves the ownership in fee of the servient tenement in a right-of-way burdened by an easement of necessity. The dispositive question is whether necessary parties were before the court in an earlier proceeding.

The area in dispute is a right-of-way, variously described as a "pipestem" or a "dog-leg" shown as "A" and "B" on the diagram attached as an appendix to this opinion. The essential facts are undisputed.

In...

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