Charles and Doll Lyons v. Commonwealth

Opinion of the Court by

Turner, Commissioner—

Affirming as to Charles Lyons and reversing as to Doll Lyons.. Appellants, are brothers, and the younger (Doll) was-, unmarried and lived with his brother and his family inMcCreary county. Near them and adjoining their home- lived a family named.Heath, among whom was a young son, Silas.

Prior to the occurrences hereinafter dealt with, there was ill feeling between the men in the two families growing out of the contemplated erection of a new fence by the Heaths in such way as to interfere with a passway over the Heath land used by' appellants, and…