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VAUGHAN v. BARR

1910291.

600 So.2d 994 (1992)

J. Thomas VAUGHAN v. Cecil H. BARR and Mary J. Barr.

Supreme Court of Alabama.

June 19, 1992.

Attorney(s) appearing for the Case

Marion E. Wynne and Bayless E. Biles of Wilkins, Bankester, Biles & Wynne, P.A., Fairhope, for appellant.

Norborne C. Stone, Jr. of Stone, Granade, Crosby & Blackburn, P.C., Bay Minette, for appellees.

SHORES, Justice.

Does the doctrine of res judicata bar an action to establish an easement by necessity if the same parties have previously litigated a boundary line dispute? That is the single issue presented by this appeal.

In July 1989, J. Thomas Vaughan filed an action to fix the boundary lines between his property and that of coterminous owners Cecil H. and Mary J. Barr. Both Vaughn and the Barrs claimed a 98.61-foot

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