Smith v. Fairfax

Opinion op the Court by

William: Rogers Clay, Commissioner

Reversing’.

Plaintiff, Zliale Smith, brought this suit against defendant, G. M. Fairfax, to enjoin the obstruction of a passway. From a judgment in favor of defendant, plaintiff appeals.

It appears that plaintiff owns a farm of about 90 acres in the southeast section of Oldham county and south of the La Grange and Smithfield pike. Defendant’s farm consists of about 255 acres and it and two or three other -farms lie between plaintiff’s farm and the pike. Plaintiff’s farm-was formerly owned by his aunt, who inherited it from her mother,…