KNEWSTEP v. JACKSON

Record No. 990333.

523 S.E.2d 505 (2000)

259 Va. 263

E. Alan KNEWSTEP, III v. Charles L. JACKSON, et al.

Supreme Court of Virginia.

January 14, 2000.


Attorney(s) appearing for the Case

R. Scott Pugh, Spotsylvania, for appellant.

Richard K. Wilkinson, Orange (Somerville & Wilkinson, on brief), for appellee George R. Holladay.

No brief or argument on behalf of appellees Charles L. Jackson and Nancy W. Jackson.

PRESENT: CARRICO, C.J., COMPTON, LACY, HASSELL, KOONTZ, and KINSE R, JJ., and WHITING, Senior Justice.


WHITING, Senior Justice.

In this appeal, we consider (1) whether the user of a right of way is bound by a prior judicial decision, to which he was not a party, that no such right of way existed, and (2) if not so bound, whether the user established his claimed right of way. After hearing evidence on these issues, the trial court held in favor of the user. The servient owner appeals.

In March 1980, George R. Holladay and Catharine M. Holladay, his wife (collectively...

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