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Rose v. Fisher

42 S.E.2d 249, 130 W. Va. 53, 172 A.L.R. 160, 1947 W. Va. LEXIS 19
West Virginia Supreme Court·Decided March 25, 1947·No. CC 717·Published·Cited by 16 cases

Opinions

Kenna, Judge:

This chancery proceeding was brought in the Circuit Court of Kanawha County by Albert Rose and Lorena Rose against C. F. Fisher and Allie Fisher for the purpose of enjoining the defendants from interfering with the complainants’ alleged right to open, improve and use a fifteen-foot alley shown on the plat of what is known as *55 the Leroy Swinburn Addition on Woodward Branch, Kanawha County, which is made a part of this opinion. The alley involved runs from the county road on Woodward Branch between Lots 25 and 26 of the named addi-. tion north to a road marked “Proposed Road” which is the southern boundary of a tract of 5.76 acres now owned by complainants. From a decree sustaining a demurrer to the bill of complaint and dismissing the cause, this appeal was granted.

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Rose v. Fisher, 42 S.E.2d 249, 130 W. Va. 53, 172 A.L.R. 160, 1947 W. Va. LEXIS 19 (W. Va. 1947).

42 S.E.2d 249 (Rose v. Fisher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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