Cleve v. Nairin

Opinion op the Court by

Judge Clay —

Affirming.

This is an appeal from a judgment enjoining appellants from using or trespassing upon a five-foot alley in the rear of appellee’s property.

Prior to 1850 William Kaey, who died in that year, owned a lot 105 feet by 105 feet at the southeast corner of First and Market streets in Louisville. He also owned a small adjoining tract. On his death the property was divided equally among his three children. Each of the deeds contained the following provision:

“With the free and unmolested use and advantage and easement of the alley 5 feet wide extending from…