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Wade v. Wade

Supreme Court of Alabama
Sep 24, 1982
419 So. 2d 1387 (Ala. 1982)

Opinion

81-576.

September 24, 1982.

Appeal from the Circuit Court, Jefferson County, Bessemer Division, Ralph D. Cook, J.

Ralph L. Armstrong, Bessemer, for appellant.

C. Crawford Williams, Birmingham, for appellee.


James Wade appeals from a final judgment granting Freddy Wade an easement by necessity (the right of ingress and egress) over James Wade's property.

James Wade contends the issue here is whether the trial court correctly held that an implied easement by necessity existed under the facts of this case.

Because there is no transcript of the evidence before us, although it is evident the trial court had before it evidence adduced ore tenus, we cannot review the trial court's findings of fact. Furthermore, there is no statement in lieu of the transcript as provided for in Rule 10 (d), ARAP. See Smith v. Haynes, 364 So.2d 1168 (Ala. 1978). The judgment below is due to be and is hereby affirmed.

AFFIRMED.

TORBERT, C.J., and FAULKNER, ALMON and ADAMS, JJ., concur.


Summaries of

Wade v. Wade

Supreme Court of Alabama
Sep 24, 1982
419 So. 2d 1387 (Ala. 1982)
Case details for

Wade v. Wade

Case Details

Full title:James WADE v. Freddy WADE

Court:Supreme Court of Alabama

Date published: Sep 24, 1982

Citations

419 So. 2d 1387 (Ala. 1982)