Pursiful v. State Road Commission

Opinion of the Court by

Judge Clay

Reversing.

Otto Pursiful owns a residence and about two acres of land in Bell county, the title to which he acquired from James A. Pursiful and wife by deed which provided that the property should not be sold during the lifetime of the grantors. Through the property ran the old public highway leading from Pineville to Harlan. The Commonwealth and Bell county brought suit against Otto Pursiful and wife and James A. Pursiful and wife to condemn for highway purposes a small strip of land about eight feet wide near Otto’s residence and about twenty feet wide at the…