Keller v. Hartman

McHUGH, Justice:

The plaintiff below, Basil Keller, as committee for Wayne Byrd, an incompetent, appeals from a final order entered upon a jury verdict in a declaratory judgment action. The jury found that the appellees own a right of way across a tract of land owned by Wayne Byrd. For the reasons that follow, we affirm.

I

Sam Byrd died, intestate, in 1949. At the time of his death, he owned a tract of land in Franklin, Pendleton County. Situated on the property are a house and garage, and four commercial buildings. The configuration of the structures is illustrated below:

Upon Sam Byrd’s death,…