¶1The 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.
¶2WRIT GRANTED.
577 So. 2d 907
Shelby County v. Harrison
Decided March 22, 1991
Supreme Court of Alabama · decided 1991-03-22
Relies on 540 So. 2d 51 - Hollis v. Tomlinson
Decided 1991-03-22