Lebus v. Boston
Court of Appeals of Kentucky
Case 18 — INJUNCTION AGAINST OBSTRUCTING PASSWAY— APPEAL FROM HARRISON CIRCUIT COURT. A way of necessity having once been established by agreement of parties and continuously used as a matter of right for the prescriptive period, upon the unity of title of the dominant and servient estate in one owner, is not extinguished or merged by this unity of title, and especially so in view of the fact that the owner of the two estates himself, during the time he was the owner of both…
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Case 18 — INJUNCTION AGAINST OBSTRUCTING PASSWAY— APPEAL FROM HARRISON CIRCUIT COURT. A way of necessity having once been established by agreement of parties and continuously used as a matter of right for the prescriptive period, upon the unity of title of the dominant and servient estate in one owner, is not extinguished or merged by this unity of title, and especially so in view of the fact that the owner of the two estates himself, during the time he was the owner of both tracts, subjects the one tract to the same open, permanent and continuous easement or passway. Even if the easement was…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
This action was brought by áppellant against appellees to recover damages for obstructing a passway leading from a public highway over the lands of appellees to those of ap*100pellant, and to enjoin the further interference of the use of said passway by appellant.
* The facts ’ necessary to be stated, and about which there seems’ to be no dispute, are these: In November, 1871, Henry Cox and his wife conveyed to Charles Ann Cosby, for life, • with the remainder to her children, a tract of eighty acres of land, and subsequently, in November, 1872, the…
2Cited by23 opinions
- Orpin v. MorrisonMassachusetts Supreme Judicial Court · 1918
- Rischall v. BauchmannSupreme Court of Connecticut · 1946
- Carrigg v. Mechanics Bank of ProvidenceSupreme Court of Iowa · 1907
- Irvine v. McCrearyCourt of Appeals of Kentucky · 1900
- O'Daniel v. BaxterCourt of Appeals of Kentucky · 1901
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