Howard v. Howard

Opinion of the Court by

Drury, Commissioner—

Reversing.

B. F. Howard and Ms wife are appealing from an award of $100 made them in a proceeding wherein Andrew Howard succeeded in obtaining a passway over the land of the appellants, and for which land and resulting damages B. F. Howard et al. had claimed $2,000. We shall state, discuss, and dispose of their complaints as we reach them.

The Demurrer to the Petition.

This proceeding was had under section 3779a-l, Ky. Stats. Andrew Howard had alleged in Ms petition that he lives on Straight creelc in Harlan county, and that this road is necessary to…