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EX PARTE HARRISON

89-1720.

577 So.2d 907 (1991)

Ex parte Charles H. HARRISON and Richard Harrison. (Re SHELBY COUNTY v. Charles H. HARRISON, et al.)

Supreme Court of Alabama.

March 22, 1991.

Attorney(s) appearing for the Case

Mitchell A. Spears, Montevallo, for petitioners.

Oliver P. Head and J. Frank Head, Columbiana, for respondent.

KENNEDY, Justice.

The petitioners are entitled to a jury trial on the issue of the existence of an easement by prescription. Hollis v. Tomlinson, 540 So.2d 51 (Ala.1989). Accordingly, the petition for the writ of mandamus is due to be granted.

WRIT GRANTED.

HORNSBY, C.J., and MADDOX, SHORES and HOUSTON...

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