UMBARGER v. PHILLIPS

Record No. 891170.

393 S.E.2d 198 (1990)

Shirley T. UMBARGER v. John Thomas PHILLIPS, II, Executor Under the Last Will and Testament of Margie Virginia McCall Phelps, Deceased.

Supreme Court of Virginia.

June 8, 1990.


Attorney(s) appearing for the Case

John S. Norris, Jr., Virginia Beach (James P. St. Clair, Norfolk, Anderson, Lee & Norris, Virginia Beach, on brief), for appellant.

John T. Phillips, II, Arlington, for appellee.

Present: All the Justices.


LACY, Justice.

This is an appeal from a trial court order declaring that the estate of Margie Virginia McCall Phelps, represented by its executor, John Thomas Phillips, II, included an easement by prescription over an adjoining tract of land owned by appellant Shirley T. Umbarger.

On appeal, Umbarger contends that Phillips failed to prove by clear and convincing evidence all the requisite elements of a prescriptive easement. Specifically, Umbarger argues that...

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