Smallwood v. Diz

MOREMEN, Justice.

Appellant Smallwood and appellee Diz own and reside on adjoining lots on Myra Barnes Avenue in the city of Pikeville. In the year 1924, and at a time when the lots were owned by other persons who were predecessors in title of the parties to this *440action, a driveway consisting of three parallel strips was constructed between the lots. Approximately 9 feet 10 inches of the width of this driveway were placed on what is now appellants’ property with 2 feet 2 inches on appellee’s property.

In the year 1929, and after the parties to this action had acquired title to the lots, the…