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BROWN v. HALEY

Record No. 840346.

355 S.E.2d 563 (1987)

Rufus R. BROWN v. Dayton A. HALEY, et al.

Supreme Court of Virginia.

April 24, 1987.

Attorney(s) appearing for the Case

David A. Melesco (B. James Jefferson, Welch & Jefferson, Rocky Mount, on brief), for appellant.

John S. Edwards (Martin, Hopkins, Lemon & Carter, P.C., Roanoke, on brief), for appellees.

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

COCHRAN, Justice.

This appeal raises questions concerning res judicata and an implied easement to cross a certain strip of land for ingress and egress to and from Smith Mountain Lake.

By deed dated September 6, 1961, Rufus R. Brown and Sallie W. Brown conveyed to Appalachian Power Company (Apco) the right to overflow and affect with water that portion of a tract of 321.75 acres to the 800-foot elevation and...

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