Cunningham v. Grey

Opinion op the Court by

Stanley, Commissioner—

Affirming.

W. E. Cunningham died intestate the owner of 85 acres of land on the headwaters of Straight creek near the junction of Carter, Boyd, and Lawrence counties. The _ land is rectangular. The county road divides it longitudinally and the creek more or less parallels the road on first one side and then the other. The land is rough, and it seems to be generally agreed is not well adapted to cultivation but good for grazing, although the creek often goes dry.

Two of Cunningham’s children brought this suit against the other four, asking for a…