Smith v. Combs

WILHOIT, Judge.

This is an appeal from a judgment of the Breathitt Circuit Court holding that the appellees, Fred and Linda Combs, have the right to use a roadway constructed by the appellants, Elvin and Martha Smith, and enjoining the appellants from interfering with the appellees’ use of the roadway.

Sollie Combs and his daughter, Marie F. Hollon, were the owners of a tract of land located on Highway 15 in Breathitt County, Kentucky. This tract was bounded by the highway on the east, by Lost Creek on the north, and by other property of Combs and Hollon on the west and south. On August 22,…