Legal Opinion

Butt v. Napier

Court of Appeals of Kentucky

Decided May 25, 1878PublishedCited by 1 opinion

Case 6 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. If Napier’s use and enjoyment of the passway have not been claimed and enjoyed adversely as a right uninterruptedly for more than twenty years, his claim by prescription fails. (Bowman v. WicHiffe, 15 B. Mon. 100; 3 Kent, s. p. 445.) He can not derive title to the passway under the contract with Blain, because that contract was not in writing. A writing was required to make it of any effect.

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Case 6 — PETITION EQUITY APPEAL PROM LINCOLN CIRCUIT COURT. 1. If Napier’s use and enjoyment of the passway have not been claimed and enjoyed adversely as a right uninterruptedly for more than twenty years, his claim by prescription fails. (Bowman v. WicHiffe, 15 B. Mon. 100; 3 Kent, s. p. 445.) He can not derive title to the passway under the contract with Blain, because that contract was not in writing. A writing was required to make it of any effect. (Hare & Wallace’s Leading Cases, vol. 2, p. 575; Hall v. McLeod, 2 Met. 104; Holtzclaw v. Blackerby, 9 Bush, 40.) Napier’s use and enjoyment…

1Opinion of the Court

JUDGE ELLIOTT

delivered the opinion oe the court.

The tract of land over which is located the passway now in dispute originally belonged to William Montgomery. He owned fourteen hundred acres. Of this tract James Renick became the owner of one hundred acres, N. A. Thompson of two hundred and twenty-five, and Feland of seventy - three acres. These tracts of land adjoined each other, and the Thompson and Feland tracts were located between the Renick tract and the Hustonville and Coffey Mills public road, a road much used by the people of that neighborhood.

No person now living can remember when a…

2Cases cited1 opinion

  1. Hall v. McLeodCourt of Appeals of Kentucky · 1859

3Cited by1 opinion

  1. Jennett v. SherrillCourt of Appeals of Kentucky · 1924

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