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BAKER v. HAMILTON

No. 11014.

109 S.E.2d 27 (1959)

Charles L. BAKER v. Ray HAMILTON and Sally Hamilton.

Supreme Court of Appeals of West Virginia.

Decided June 16, 1959.

Attorney(s) appearing for the Case

Crockett, Tutwiler & Crockett, Welch, for appellants.

L. R. Morgan, Iaeger, Sidney L. Christie, Keystone, for appellee.

HAYMOND, Judge.

This is a suit in equity instituted in the Circuit Court of McDowell County in July 1956, in which the plaintiff, Charles L. Baker, the owner of an undivided one-half interest in fee simple in a tract of 22 acres and the occupant of the dwelling upon it in that county, seeks to enjoin the defendants, Ray Hamilton and Sally Hamilton, from hauling coal in trucks upon and using a narrow and unimproved road located upon the land of the plaintiff. The road...

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