Legal Opinion

Thomas v. Bertram

Court of Appeals of Kentucky

Decided May 23, 1868PublishedCited by 6 opinions

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

  1. Powers v. HarlowMichigan Supreme Court · 1884
  2. O'Daniel v. O'DanielCourt of Appeals of Kentucky · 1889
  3. Wilkins v. BarnesCourt of Appeals of Kentucky · 1881
  4. Skaggs v. CarrCourt of Appeals of Kentucky · 1918
  5. Flener v. LawrenceCourt of Appeals of Kentucky · 1920

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