Supreme Court of Alabama, 1991

Shelby County v. Harrison

Supreme Court of Alabama · Decided March 22, 1991 · Kennedy, Hornsby, Maddox, Shores, Houston

577 So. 2d 907; 1991 Ala. LEXIS 263; 1991 WL 69477 (Southern Reporter, Second Series)

Opinion of the Court

KENNEDY, Justice.

The petitioners are entitled to a jury trial on the issue of the existence of an easement by prescription. Hollis v. Tomlinson, 540 So.2d 51 (Ala. 1989). Accordingly, the petition for the writ of mandamus is due to be granted.

WRIT GRANTED.

HORNSBY, C.J., and MADDOX, SHORES and HOUSTON, JJ., concur.

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