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BUTTERWORTH v. MORGAN

2070141.

22 So.3d 473 (2008)

W.E. BUTTERWORTH III v. Thomas F. MORGAN and Holley S. Morgan.

Court of Civil Appeals of Alabama.

Rehearing Denied October 10, 2008.

Attorney(s) appearing for the Case

Charles C. Simpson III of Johnstone, Adams, Bailey, Gordon & Harris, L.L.C., Bay Minette, for appellant.

Jessica M. McDill of Chason & Chason, P.C., Bay Minette, for appellees.

BRYAN, Judge.

W.E. Butterworth III appeals from a judgment determining that Thomas F. Morgan and Holley S. Morgan had established an easement by prescription over Butterworth's property. We reverse and remand.

Factual Background and Procedural History

The Morgans own a tract of property, the western boundary of which fronts the eastern shore of Mobile Bay. Butterworth owns a tract of property lying...

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