Harris v. Dennis

COMBS, Justice.

By this action appellant sought a declaration of rights concerning a private roadway that crosses his land and which affords ap-pellees a means of ingress and egress to and from their land. The existence of the roadway is admitted but appellant contends that its width is 10 feet, while appellees maintain the correct width is 30 feet.

The Honorable Samuel J. Stallings was designated Special Judge of the Bullitt Circuit Court to try the case. Upon a hearing, counsel for appellees produced a copy of a survey purporting to show the lands owned by the respective parties and the…