Ballinger v. Kinney

This is an action to enjoin the defendant from obstructing a right of way which the plaintiff asserts over the defendant’s real estate. The plaintiff prevailed, and the defendant appeals.

The plaintiff alleges in his petition that in 1902 one-Jam.es, the owner of the south 49 feet of lots 7 and 8 in block 45 in the village of Lexington, sold the south 2A¡¿ feet thereof to the defendant, subject to a contract between said parties which is set out at length in the petition. By its terms the north wall of a brick building upon, the tract conveyed by James became a party wall. The contract further…