ROBERTSON v. B A MULLICAN LUMBER & MFG.

No. 26840.

537 S.E.2d 317 (2000)

208 W.Va. 1

Aubrey C. ROBERTSON, Charles D. Robertson and William B. Robertson Plaintiffs Below, Appellants, v. B A MULLICAN LUMBER & MANUFACTURING COMPANY, L.P., a Delaware Partnership, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 25, 2000.

Concurring and Dissenting Opinion of Justice McGraw October 20, 2000.


Attorney(s) appearing for the Case

Larry L. Skeen, Esquire, Skeen and Skeen, Ripley, West Virginia, Attorney for Appellants.

William S. Winfrey, II, Esquire, Princeton, West Virginia, Attorney for Appellee.


PER CURIAM:

This case is before the Court from the appeal of Aubrey Robertson, Charles D. Robertson and William B. Robertson from the April 15, 1999, final order of the Circuit Court of Mercer County, wherein the lower court, following a bench trial, concluded that the Appellee, B A Mullican Lumber & Manufacturing Company, L.P, proved by "clear and convincing evidence that an easement was created through implication...

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