McCoy v. Hoffman

STANLEY, Commissioner.

The appeal by Guy McCoy et al., is from a judgment that the appellees, Carl E. Hoffman and wife, have a passway over the land of the appellants and enjoining them from interfering with its use.

In 1938 Hoffman bought from Vaught Scites a small parcel of land situated on a state highway up Blackberry Fork of Pond Creek in Pike County. Scites covenanted to give his grantee “a necessary road off the hill to the state highway.” When the highway was reconstructed about the time of Hoffman’s purchase, the right of way was cut down so that the parcel *561was left on a high bluff and…