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KENNEDY v. ANDERSON

No. 2003-CA-01112-COA.

881 So.2d 340 (2004)

Ike KENNEDY and Edith Kennedy, Appellants v. Fred ANDERSON, Appellee.

Court of Appeals of Mississippi.

August 24, 2004.

Attorney(s) appearing for the Case

Rhett R. Russell, Tupelo, attorney for appellants.

Gary L. Carnathan, Tupelo, attorney for appellee.

EN BANC.

MYERS, J., for the Court.

¶ 1. This appeal involves an easement dispute between adjoining landowners. The dominant estate owner (Anderson) brought suit in the Lee County Chancery Court complaining that the servient estate owners (The Kennedys) prevented him from using an express access easement. The Kennedys filed a counterclaim alleging that Anderson's use of the easement damaged their property. After the hearing, the Kennedys' motion to dismiss was denied and...

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