Robinson v. Swope
Court of Appeals of Kentucky
Case 5 — APPLICATION FOE PASSWAY APPEAL FROM LINCOLN CIRCUIT COURT. CITED General Statutes, art. 2, chap. 94. General Statutes, sec. 3, art. 1, chap. 63. 5th, 10th, and 14th Amendments to U. S. Constitution. Session Acts 1820, p. 114. Session Acts 1833, p. 195. Washburn on E. and S., pp. 3, 420. Constitution of Kentucky, art. 18, secs. 2, 3, 14. 4 Hill, 140, Dissenting opinion of Judge Nelson in case of Taylor v. Porter.
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Case 5 — APPLICATION FOE PASSWAY APPEAL FROM LINCOLN CIRCUIT COURT. CITED General Statutes, art. 2, chap. 94. General Statutes, sec. 3, art. 1, chap. 63. 5th, 10th, and 14th Amendments to U. S. Constitution. Session Acts 1820, p. 114. Session Acts 1833, p. 195. Washburn on E. and S., pp. 3, 420. Constitution of Kentucky, art. 18, secs. 2, 3, 14. 4 Hill, 140, Dissenting opinion of Judge Nelson in case of Taylor v. Porter. CITED General Statutes, chap. 94, art. 2, p. 770. Constitution of Kentucky, art. 13, sec. 14. Session Acts 1820, p. 114. Dwarris (Potter’s), pp. 383, 386. Sedgwick on…
1Opinion of the Court
JUDGE COEER
delivered the opinion oe the court.
The appellant is the owner of two tracts of land, which are separated from each other by an intervening tract owned by the appellees. Deeming it necessary, in order to enable him to pass from one of these tracts to -the other, that he should have a private passway over the land of the appellees, he gave them notice thereof, and moved the county court of the county of Lincoln, where the land is situated, to establish a passway. Viewers were appointed and made report, in which they said that after looking over the ground designated in the order they…
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