Legal Opinion

Smith v. Pennington

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 30 opinions

CASE 40. — ACTION BY W. M. PENNINGTON AND' OTHERS AGAINST JAMES SMITH TO ENJOIN HIM PROM OBSTRUCTING A PASSWAY TO WHICH THEY CLAIMED A RIGHT BY PRESCRIPTION. — March'16. Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for plaintiffs, defendant appeals.

1Opinion of the Court

OpiNiok op the Court by

JohN D. Carroll, Commissioner

— Reversing in part.

The appellees, are the ’ owners of a small farm on the Cumberland, river, in Whitley county, on which they have resided for 40 years, Their way of ingress and egress to and from the public road, that furnishes a highway to the church,- mill, and .courthouse,, has-been during all of this time over the land now owned by appellant, and that lies between’ the farm of appel- ’ lees and tire public road. Appellant purchased the land over which the passway runs some 16 years' ago' from one Sears, and until the appellant became…

2Cases cited6 opinions

  1. Riley v. BuchananCourt of Appeals of Kentucky · 1903
  2. O'Daniel v. O'DanielCourt of Appeals of Kentucky · 1889
  3. Wilkins v. BarnesCourt of Appeals of Kentucky · 1881
  4. Conyers v. ScottCourt of Appeals of Kentucky · 1893
  5. Newcome v. CrewsCourt of Appeals of Kentucky · 1895

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3Cited by30 opinions

  1. Glantz v. GabelMontana Supreme Court · 1923
  2. Fassold v. SchamburgSupreme Court of Missouri · 1942
  3. Wray v. BrownCourt of Appeals of Kentucky · 1913
  4. Faulkner v. HookSupreme Court of Missouri · 1923
  5. Rees v. DixonCourt of Appeals of Kentucky (pre-1976) · 1942

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