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BURKETT v. SMYDER

369 Pa.Super. 519 (1988)

535 A.2d 671

Howard BURKETT, Jr. and Annabell Burkett, His Wife, and Perry Cramer and Lola Cramer, His Wife, Appellees, v. Richard P. SMYDER and Cheryl Smyder, His Wife, Appellants.

Supreme Court of Pennsylvania.

Filed January 7, 1988.

Attorney(s) appearing for the Case

Gregory A. Olson, Assistant District Attorney, Indiana, for appellants.

Wayne A. Kablack, Indiana, for appellees.

Before BROSKY, DEL SOLE and HOFFMAN, JJ.

DEL SOLE, Judge:

Appellees filed a declaratory judgment action against Appellants alleging that they had acquired a prescriptive easement to cross Appellants' land. Appellants filed a motion for judgment on the pleadings in which they argued that Appellees had failed to join a landowner whose land was also involved in the instant suit. The trial court denied this motion.

Following a non-jury trial, the...

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