Jacob v. Woolfolk
Court of Appeals of Kentucky
Cask 69 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 'While the conveyance of land abutting upon a highway usually passes the fee to the middle of the way, the rule does not apply where the contrary is stated in the deed, or where the fee in the way is reserved from conveyance; nor does it apply where the way has never been accepted, and has been notoriously abandoned and fenced up, and where the deed conveying the adjoining lot does not describe it as…
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Cask 69 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 'While the conveyance of land abutting upon a highway usually passes the fee to the middle of the way, the rule does not apply where the contrary is stated in the deed, or where the fee in the way is reserved from conveyance; nor does it apply where the way has never been accepted, and has been notoriously abandoned and fenced up, and where the deed conveying the adjoining lot does not describe it as abutting on a way or alley; but, on the contrary, expressly stipulates that tbe grantor may convey the alley to other…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellants, as the devisees of John I. Jacob, brought this action of ejectment against the appellees to recover the possession of ten feet of ground, the southern half of an alley, fronting on Second street, in the city of Louisville.
John I. Jacob, the ancestor of the appellants, directed in his will that all his estate be divided among his children. The commissioners who were appointed to divide his estate, in a suit instituted for that pur*428pose, laid off the property of said Jacob, a part of which is now in controversy, into lots, with…
2Cases cited1 opinion
- Schneider v. JacobCourt of Appeals of Kentucky · 1887
3Cited by14 opinions
- Pinsky v. SloatCalifornia Court of Appeal · 1955
- Kassner v. Alexander Drug Co.Supreme Court of Oklahoma · 1943
- MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
- City of Covington v. State Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1929
- Patrick v. . Insurance Co.Supreme Court of North Carolina · 1918
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