Burgin v. Forbes

Opinion of the Court by

Judge Ratliff

Affirming.

The appellant Frank Burgin and appellee Ernest Davis own adjoining land in Madison county, Kentucky. Appellee Forbes is the tenant of Ms coappellee, Davis, and has the possession and beneficial use of the. Davis land. In January, 1939, appellees, as plaintiffs below, brought this action in the .Madison circuit court against appellant pursuant to section 1780, Carroll’s Kentucky Statutes, now section 256.010, KRS, and other related sections of the statutes pertaining to division fences between adjoining land owners, seeking a mandatory injunction…