O'Daniel v. O'Daniel
Court of Appeals of Kentucky
Case 31 — PETITION EQUITY. — APPEAL .PROM MARION CIRCUIT COURT. The use of a way as a private passway for the statutory period of fifteen years, gives the user the right to it by limitation, and to defeat the claim, the owner must show that the use was permissive only.
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Case 31 — PETITION EQUITY. — APPEAL .PROM MARION CIRCUIT COURT. The use of a way as a private passway for the statutory period of fifteen years, gives the user the right to it by limitation, and to defeat the claim, the owner must show that the use was permissive only. (Butt. v. Napier, 14 Bush, 39; Hall v. McLeod, 2 Met., 987; Bertram Case, 4 Bush, 219; Waits’ Actions and Defenses, vol. 2, pp. 685, 692, 699.) To entitle one to a private passway, the use must he open, notorious and hostile. Permissive use confers no right. (Wilkins v. Barner, 79 Ky., 323; Hall v. McLeod, 2 Met. 98; Maurice v.…
1Opinion of the Court
JUDGE PRYOR,
delivered the opinion op the court.
This controversy between the appellant and the appellee, arises from the nse, by the appellant and those under whom he claims, of a private passway \ the ap-, pellant alleging that its use has been obstructed by the appellee by placing logs and constructing water-gaps across the way that prevents travel upon it. The chancellor is asked to have the obstruction removed that the appellant may exercise his right of passage over it. It is alleged that this passway has been used by the public and by the owners of the farm on which the appellant…
2Cases cited1 opinion
- Thomas v. BertramCourt of Appeals of Kentucky · 1868
3Cited by26 opinions
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- Smith v. PenningtonCourt of Appeals of Kentucky · 1906
- Wray v. BrownCourt of Appeals of Kentucky · 1913
- Smith v. OliverCourt of Appeals of Kentucky · 1920
- Conyers v. ScottCourt of Appeals of Kentucky · 1893
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