Talbott v. Thorn
Court of Appeals of Kentucky
Case 78 — PETITION EQUITY — APPEAL FROM BOURBON COURT OF COMMON PLEAS. 1. The demurrer admitting that there was a verbal promise by Talbott to open for Thorn a passway over his land for his use, and that the Thorns commenced passing over the land, relying on this promise, it is clear that the way being open as a private passway, so far as the intention of the owner was concerned, it can not be converted into a public highway by any length of user.
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Case 78 — PETITION EQUITY — APPEAL FROM BOURBON COURT OF COMMON PLEAS. 1. The demurrer admitting that there was a verbal promise by Talbott to open for Thorn a passway over his land for his use, and that the Thorns commenced passing over the land, relying on this promise, it is clear that the way being open as a private passway, so far as the intention of the owner was concerned, it can not be converted into a public highway by any length of user. (Hall v. McLeod, 2 Met., 105; Day v. Allen der, 22 Md., 529.) 2. A court of equity has no jurisdiction where the establishment of a way is claimed…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant sued the appellees for trespassing upon a piece of woodland belonging to the appellant, which consisted of traveling across the same, &c. The appellees pleaded that they had the right of private pass way across said woodland, and travel complained of was pursuant to that right, consequently they were not trespassers.
The weight of the evidence establishes the following facts. The appellant in 1867 obtained an order from the Bourbon County Court to discontinue a part of the “Gregory Precinct Dirt Road,” which is in shape of three…
2Cited by21 opinions
- McDonnell v. HuffineMontana Supreme Court · 1912
- Gyra v. WindlerSupreme Court of Colorado · 1907
- Wray v. BrownCourt of Appeals of Kentucky · 1913
- Mason v. StateIndiana Supreme Court · 1908
- Salmon v. MartinCourt of Appeals of Kentucky · 1913
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