Johnson v. Kirk

PAXTON, Judge.

Doyle Johnson and Beulah Johnson appeal a judgment of the Pike Circuit Court, sitting without a jury, dismissing their complaint in which they asserted ownership in a parcel of land claimed by James Kirk and Lou Kirk.

The Kirks purchased lot # 4 in the Brier-wood subdivision of Forest Hills, Pike County, Kentucky on April 10, 1975. Shortly after purchasing lot # 4 they erected a fence around their house, but not around the entire lot.

The Johnsons purchased lot # 3 in Brier-wood on April 18, 1978. The Kirks’ south boundary line is the Johnsons’ north boundary line. The fence that…