Henry v. Koch
Court of Appeals of Kentucky
Case 76 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Both appellant and appellee purchased with exact knowledge of the condition of the property they bought. 2. A common owner built both houses, and conveyed them with the appurtenances. 3. Appellee cannot deprive appellant of this easement, for without it her house will he destroyed. 4. Neither can appellee, under the pretext of obtaining light and air, ruin appellant’s house.
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Case 76 — EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Both appellant and appellee purchased with exact knowledge of the condition of the property they bought. 2. A common owner built both houses, and conveyed them with the appurtenances. 3. Appellee cannot deprive appellant of this easement, for without it her house will he destroyed. 4. Neither can appellee, under the pretext of obtaining light and air, ruin appellant’s house. (2 N. J., 506; 38 Barb., 488; Washburn, vol. 2, 288; Addison on Torts, vol. 1, p. HI; Washburn on Easements, Vol. 1, 29; 48 Pa., 178; Kent’s Com., 3d'vol., 556; 6…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
George Anderson, being the owner in fee of a lot of ground in the city of Louisville, upon which he had erected certain buildings, severed the lot and buildings upon it by conveyances made at the same time to one Doup and Wright. There were two rooms, or rather two houses, on the lot, divided by a partition wall at the time of the conveyance, Doup acquiring by his purchase one of the rooms and Wright the other. They'purchased, as stated, of Anderson, who was the sole owner, in the year 1871. The *393lots fronted on Washington street, between Floyd and…
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