Albany Christian Church v. Wilborn
Court of Appeals of Kentucky
Case 55 — Action foe an Injunction — APPEAL FROM CLINTON CIRCUIT COURT. Judgment foe Defendant and Plaintiff Appeals. This is an action seeking to restrain appellee from erecting and occupying a stable on appellee’s lot within twenty-seven feet of the Albany Christian -Chprch house, said stable to be forty-five feet long and thirty-two feet wide.
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Case 55 — Action foe an Injunction — APPEAL FROM CLINTON CIRCUIT COURT. Judgment foe Defendant and Plaintiff Appeals. This is an action seeking to restrain appellee from erecting and occupying a stable on appellee’s lot within twenty-seven feet of the Albany Christian -Chprch house, said stable to be forty-five feet long and thirty-two feet wide. On hearing, the appellee filed a general demurrer to the petition which was sustained thereto, and also to two amended petitions, and appellants declining to plead further, their petition was dismissed and the temporary restraining order dissolved.…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON —
Affirming.
Appellee, Wilborn, is the owner of a lot in the town of Albany adjoining on tbe north the lot on which the Christian church stands. He proposed to build on his lot, 27 feet from- the church, a private stable, 45 feet long, 32 feet wide, and 14 feet high to the plates. Appellant Perkins owns a lot on the south side of the church, on which is a stable 41 feet from the church, iand between it and the church is his privy. Perkins also owns residences on the opposite side of the street. The church and Perkins brought this suit to enjoin appellee…
2Cases cited4 opinions
- St. James' Church v. ArringtonSupreme Court of Alabama · 1860
- Pfingst v. SennCourt of Appeals of Kentucky · 1893
- Dargan v. . WaddillSupreme Court of North Carolina · 1848
- Keiser v. LovettIndiana Supreme Court · 1882
3Cited by14 opinions
- Boyd v. Board of CouncilCourt of Appeals of Kentucky · 1903
- L. D. Pearson & Son v. BonnieCourt of Appeals of Kentucky (pre-1976) · 1925
- Highland Realty Co. v. GrovesCourt of Appeals of Kentucky · 1908
- Kinard v. SimsCourt of Appeals of Texas · 1932
- Robinson v. WestmanSupreme Court of Minnesota · 1947
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