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FONES v. FAGAN

196 S.E.2d 916 (1973)

214 Va. 87

Robert H. FONES, Jr., et al. v. Allan R. FAGAN et al.

Supreme Court of Virginia.

June 11, 1973.

Attorney(s) appearing for the Case

Myron C. Smith, Fairfax (Fitzgerald & Smith, Fairfax, on brief), for appellants.

David Machanic, Washington, D. C., (Robert C. Watson, Arlington, on brief), for appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

COCHRAN, Justice.

Allan R. Fagan and his wife (Fagan) filed a bill in equity to enjoin Robert H. Fones, Jr., and his wife (Fones) from obstructing a portion of the Fones land over which Fagan claimed an easement for ingress to and egress from his garage. The trial court by final decree entered February 23, 1972, held that such an easement had been established by implication from preexisting use. To this decree we granted Fones an appeal.

Fones and Fagan are...

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