Thomas v. Bertram
Court of Appeals of Kentucky
CASE 63 — PETITION EQUITY APPEAL PROM LEWIS CIRCUIT COURT. CITED— 2 Hilliard on Real Property, p. 10 CITED— 2 Met., 100 ; Hall vs. McLeod,. 2 Greenlcaf s Ev., sec. 058. 15 B. Mon., 99; Bowman vs. Wiclcliffe.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion oe the court:
This appeal seeks the reversal of a judgment dissolving an injunction granted to the appellant on his petition filed in August, 1865, for enjoining the farther use of a passway through his land over which the appellee and those under whom he holds, had passed for more than fifty years. •
The injunction was resisted and finally dissolved, and the appellee quieted in the continued use of the passway on the ground of original necessity, subsequent agreement, and a grant also implied by long use.
The testimony sufficiently shows that both parties…
2Cited by6 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- O'Daniel v. O'DanielCourt of Appeals of Kentucky · 1889
- Wilkins v. BarnesCourt of Appeals of Kentucky · 1881
- Skaggs v. CarrCourt of Appeals of Kentucky · 1918
- Flener v. LawrenceCourt of Appeals of Kentucky · 1920
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