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Hiner v. Wenger

91 S.E.2d 637, 197 Va. 869, 1956 Va. LEXIS 166
CourtSupreme Court of Virginia
DecidedMarch 7, 1956
DocketRecord 4470
StatusPublished
Cited by12 cases

This text of 91 S.E.2d 637 (Hiner v. Wenger) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hiner v. Wenger, 91 S.E.2d 637, 197 Va. 869, 1956 Va. LEXIS 166 (Va. 1956).

Opinion

Hudgins, C. J.,

delivered the opinion of the court.

On July 7, 1954, Leta Hiner and Lura D. Hook filed their petition under Ch. 403, Acts of 1950, p. 726, Code Sec. 33-76.8, with the Board of Supervisors of Augusta county, praying that 0.7 of a mile of public highway, Route 740 “be abandoned altogether as a public road in so far as it passes through the lands” of petitioners. J. B. and M. L. Wenger appeared in opposition to the petition and later Otto M. Sheetz became a party defendant. The Board denied the request and dismissed the petition. On appeal, the Circuit Court of Augusta county entered an order refusing to close the road and dismissed the petition. To review this order petitioners obtained this appeal.

Route 740 was established more than 50 years ago and has been used ever since as a public highway. It leaves the well traveled hard surfaced Route 732 in a northeasterly direction, extends approximately 400 feet across the 125 acre farm of J. B. and M. L. Wenger, crossing Middle River by ford or an old bridge, thence approximately 280 feet across the northwest corner of the 225 acre farm of Otto M. Sheetz into and across the 560 acre farm of Hiner and Hook and across the farm of Dunlap, and thence it extends in a southeasterly direction to its intersection with another main traveled secondary road, Route 742.

A rough map or sketch is hereto attached giving a more comprehensive perspective of the area, including the public road, Middle River, the names of the owners and the boundary lines of their land:

*871

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Bluebook (online)
91 S.E.2d 637, 197 Va. 869, 1956 Va. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hiner-v-wenger-va-1956.