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SCRUGGS v. SHELBY

No. 97-CA-00547 COA.

733 So.2d 347 (1999)

H.D. SCRUGGS and Wanda Etheridge Scruggs, Appellants, v. Carolyn SHELBY, Viva K. Kyle, Gloria Ann Pettey, Jerry Donnell Kyle, Brenda Joyce Kyle, Carey D. Kyle, Wanda B. Pettey, Brian Thomas Pettey, Jonathon Michael Pettey, Their Heirs, Assigns, Devisees, Legatees, Executors, Administrators, Successors to any of the above and other unknown parties in interest, Appellees.

Court of Appeals of Mississippi.

February 9, 1999.

Attorney(s) appearing for the Case

Mitchell, Voge, Beasley and Corban, Stephen H. Morris, Tupelo, Attorneys for Appellants.

Moffett Law Firm, PLLC, T.K. Moffett, George S. Whitten Jr., Tupelo, Attorneys for Appellees.

BEFORE THOMAS, P.J., DIAZ, and SOUTHWICK, JJ.

DIAZ, J., for the Court:

¶ 1. H.D. and Wanda Scruggs, the appellants, contest the chancellor's decision to allow Carolyn Shelby, the Kyles, and the Petteys, the appellees, to maintain a prescriptive easement on the appellants' property. Feeling aggrieved by this decision, the appellants argue the following issues on appeal: 1) the chancellor erred in placing the burden of proof on the appellants, 2) the chancellor erred in finding that the appellees proved by...

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