Hazelip v. Lindsey
Court of Appeals of Kentucky
Case 4 — PETITION EQUITY APPEAL FROM EDMONSON CIRCUIT COURT. 1. With the admissions of appellee that he recognized the ferry in controversy as the property of appellant, and that he is using the land, the private property of appellant, to run the ferry, a court of equity can not adjudge the ferry to he the property of appellee.
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Case 4 — PETITION EQUITY APPEAL FROM EDMONSON CIRCUIT COURT. 1. With the admissions of appellee that he recognized the ferry in controversy as the property of appellant, and that he is using the land, the private property of appellant, to run the ferry, a court of equity can not adjudge the ferry to he the property of appellee. The appellee is estopped to claim the ferry or to claim that he has any right under his license. 2. The judgment rendered in a former action, requiring that appellee should pay one-third of the toll of the ferry to appellant, is conclusive of appellant’s right to the…
1Opinion of the CourtChief Justice Holt
William Hazelip had a ferry privilege on Green river, the landing being upon his farm, and where a public road crossed the river. He had been in the exercise of the privilege for many years prior to October 10, 1878, at which time he leased it and his farm by written contract to Barrett Lindsey for ten years, from November 1,1888, for one-third of the ferry tolls, and a like proportion of the farm crops, the possession of the farm and ferry and appurtenances to be restored in good condition to Haze-lip at the end of the lease. Shortly after it was made, by agreement between all the parties,…
2Cases cited1 opinion
- Livingston v. Van IngenCourt for the Trial of Impeachments and Correction of Errors · 1812
3Cited by6 opinions
- Willis v. CalhounCourt of Appeals of Kentucky · 1911
- Green v. IveySupreme Court of Florida · 1903
- Hatten v. TurmanCourt of Appeals of Kentucky · 1906
- City of Louisville v. Louisville Home Telephone Co.Court of Appeals of Kentucky · 1912
- Adkins v. Ashland & Ironton Transfer & Ferry Co.Court of Appeals of Kentucky (pre-1976) · 1925
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