Noe v. Bengey

Opinion of the Court by

Creal, Commissioner

Affirming.

Zora S. Bengey and C. D. Bengey own a tract of land on the Cumberland river in Harlan county and located within the arc of a bend in the river. Margie Noe owns a tract on the opposite side of the river. Some time ago Margie Noe began erecting two lines of wire fencing a few feet apart with the intervening space filled with stone and proposed to continue such structure for 600 feet within the bed or channel of the river, at some points a distance of more than 100 feet from the present bank of the river on her side. The bed or channel of the…