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APLEY v. TAGERT

89-1828.

584 So.2d 816 (1991)

Melvin P. APLEY, et al. v. Claude Earl TAGERT, Jr., et al.

Supreme Court of Alabama.

Rehearing Denied July 26, 1991.

Attorney(s) appearing for the Case

John W. Parker of Parker & McNair, Mobile, for appellants.

Sidney H. Schell of Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, for appellees.

MADDOX, Justice.

The issue in this case is whether an easement or right of way by prescription exists over a certain parcel of property.

On November 13, 1959, James and Aleye Kuffskie deeded a parcel of property (known then as 871 West Kuffskie Drive) to Claude and Patricia Tagert. This deed states in part:

"The conveyance of the above-described property is made subject to all telephone, power and gas line...

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