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VANCE v. DAVIS

80 S.E.2d 396 (1954)

195 Va. 730

VANCE et al. v. DAVIS.

Supreme Court of Appeals of Virginia.

Rehearing Denied May 4, 1954.

Attorney(s) appearing for the Case

Burns & Lively, Lebanon, for appellants.

J. E. Duff, Lebanon, for appellee.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, MILLER, SMITH and WHITTLE, JJ.

EGGLESTON, Justice.

This litigation arises out of a dispute between the parties over their relative rights to the water from a spring. The principal facts are not in dispute and may be stated thus:

In 1935 a suit was instituted for the partition of certain lands in Russell county of which W. R. Davis had shortly theretofore died seized and possessed. Commissioners appointed by a decree of the court filed their report which allotted to Mildred Davis Franklin...

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