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SZAKALY v. SMITH

No. 03A04-8710-CV-329.

525 N.E.2d 343 (1988)

Andrew A. SZAKALY, Jr. and Nancy Szakaly, Appellants (Plaintiffs below), v. Ron SMITH and Linda Smith, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

June 28, 1988.

Attorney(s) appearing for the Case

Andrew A. Szakaly, Jr., Nashville, for appellants.

Timothy J. Vrana, Sharpnack, Bigley, David & Rumple, Columbus, for appellees.

CONOVER, Judge.

Andrew A. and Nancy Szakaly, Jr. (Szakalys) appeal the Bartholomew Circuit Court's determination they had no easement by deed over adjacent property owned by Defendants-Appellees Ron and Linda Smith (Smiths).

We reverse.

Because we reverse, we consider only one issue, namely, whether the current owners of a servient tenement are chargeable with constructive notice of an easement of way over...

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