Kamer v. Bryant
Court of Appeals of Kentucky
Case 97 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. There can not be a dominant and a servient estate unless there be at least two tracts of land owned by different persons1. ¡When one person owns the two tracts neither is dominant or servient. Warren v. Blake, 54 Maine, 276; Keiffer v., Imhoff, 26 Penn.
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Case 97 — PETITION EQUITY APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. There can not be a dominant and a servient estate unless there be at least two tracts of land owned by different persons1. ¡When one person owns the two tracts neither is dominant or servient. Warren v. Blake, 54 Maine, 276; Keiffer v., Imhoff, 26 Penn. St., 438; Grant v. Chase, 17 Mass., 443; Blakely v. Sharp, 9 N. J. E., 9; Denton v. Ludell, 23 N. J. E., 64; McTarvish v. Carroll, 7 Maryland, 352; Miller v. Lapham, 44 Vermont, '416; McAllister v. Devan, 76 N. C., 57. 2. The right to a private passway can…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
In 1874 the Louisville Rock & Lime Co. being the owners of about six acres of land on which there was a stone quarry, built a switch from the Narrow Gauge railroad to the quarry, and used this switch track to carryout its rock taken out.
On December 29, 1875, the Rock & Lime Co. conveyed to Hahn & Ferrell a portion of the six acres, being in two pieces, one on the east end of the six aeres and one on the west end, thus leaving a central portion of about three acres still owned by the Rock & Lime Co. unsold.
The habendum clause in the deed to Hahn &…
2Cases cited1 opinion
- Lampman v. . MilksNew York Court of Appeals · 1860
3Cited by9 opinions
- Colón v. Plazuela Sugar Co.Supreme Court of Puerto Rico · 1935
- Houston Electric Co. v. Glen Park Co.Court of Appeals of Texas · 1913
- George T. Stagg Co. v. Frankfort Modes Glass WorksCourt of Appeals of Kentucky · 1917
- Kentucky Coke Co. v. Keystone Gas Co.Court of Appeals for the Sixth Circuit · 1924
- Hatfield v. HatfieldCourt of Appeals of Kentucky · 1912
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