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SMITH v. TOLAR

No. A06A1604.

636 S.E.2d 112 (2006)

SMITH v. TOLAR et al.

Court of Appeals of Georgia.

August 31, 2006.

Attorney(s) appearing for the Case

R. Bruce Russell, Clayton, for appellant.

Michael H. Cummings, II, Cummings & Dillard, Clayton, for appellee.

ANDREWS, Presiding Judge.

R. Eugene Tolar and Jane A. Tolar obtained title by warranty deed to a tract of land in Rabun County located adjacent to land owned by Clifton Smith. The Tolars sued Smith seeking a declaration from the Rabun County Superior Court that the deed conveying them title to the land also conveyed them an express easement across Smith's land. Ruling on cross-motions for summary judgment, the trial court found that the Tolars acquired an express...

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