Pemberton v. Osborne

STEWART, Judge.

The issue raised in this appeal is whether the lower court properly located an alley with reference to the north line of defendant-appellees’ lots. A jury was impaneled to try the question and, at the conclusion of all the evidence, a motion by appellees for a directed verdict was sustained. This appeal is from the judgment entered.

Appellees, Earl L. Osborne and Margaret T., his wife, are the owners of lots numbered 19 through 24, as shown on the plat of Waveland Heights Addition to the City of Winchester, which addition is situated near the city limits thereof. This plat was…