CLEEK v. POVIA

86-608.

515 So.2d 1246 (1987)

Helen CLEEK v. Frances POVIA.

Supreme Court of Alabama.

October 2, 1987.


Attorney(s) appearing for the Case

John S. Gonas, Jr., of Gonas & McHale, Mobile, for appellant.

T.M. Brantley, Bay Minette, for appellee.


TORBERT, Chief Justice.

This is an appeal from a judgment of the Circuit Court of Baldwin County in favor of the defendant Frances Povia, in plaintiff's suit for trespass. The suit arose from a controversy between the parties concerning the use of a private road.

The plaintiff and defendant live on contiguous lots with a single road providing ingress and egress for both homes. The plaintiff has lived on her lot since 1959. In 1965, Mr. Cleek, the plaintiff...

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