Perry v. Blankenship

Kenna, Judge:

This chancery cause, brought in the Circuit Court of Fayette County by Andrew J. Perry and Bertha Perry against John W. Blankenship and Cora Blankenship for the purpose of requiring the removal of obstructions upon a right of way in a suburban addition to the town of Smithers, after the taking of full proof was dismissed by a special judge who heard it. Plaintiffs prosecute this appeal.

The bill of complaint alleges that the plaintiffs, Andrew J. Perry and Bertha Perry, his wife, were vested with title to lots thirteen, fourteen and fifteen in the Smithers Heights Subdivision of…