Shackelford v. Miller

Opinion op the Court by

Commissioner Hobson—

Affirming.

The father of J. Gr. Shackelford and J. D. Shackelford owned a farm, in Breathitt County, which after his death was divided between the two sons. The part falling’ to J. D. Shackelford lay between his brother’s land and the road. In the father’s lifetime a road ont to the highway over J. D. Shackelford’s land had been used, but not always on the same location. On May 10, 1910, J. D. Shackelford conveyed his part of the land to James Miller, and in the conveyance there was this provision:

“But an easement or right of way for a road not less…