Damron v. Damron
Court of Appeals of Kentucky
Case 102' — Action by P. S. Damron Against W. J. Damron, fob an Injunction! APPEAL FROM PIKE CIRCUIT COURT — A. J. KIRK, CIRCUIT JUDGE Judgment for Plaintiff. Defendant Appeals.
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Case 102' — Action by P. S. Damron Against W. J. Damron, fob an Injunction! APPEAL FROM PIKE CIRCUIT COURT — A. J. KIRK, CIRCUIT JUDGE Judgment for Plaintiff. Defendant Appeals. Appellant affirms: 1. That the court erred in sustaining the demurrer to his answer. 2. That the circuit court has no jurisdiction to locate and establish road£ and passways. 3. That the judgment appealed from' is erroneous because the passway was not, made by commissioners, and the exact metes . and hounds, courses and distances, and width of same not being given by the judgment. 4. That there is no necessity for a…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Appellant was the owner of a boundary of land consisting of two adjoining tracts. They were both located on the same small stream, one farther up than the other. Owing to the mountainous condition of the country, the only practicable way to get to or from the upper tract was to passi along the valley by way of the lower tract. There was no public road or other passway to the upper tract. The upper tract was sold under execution against appellant, and appellee bought it. This suit involves the right of appellee to pass over appellant’s other land so…
2Cases cited1 opinion
- Shake v. FrazierCourt of Appeals of Kentucky · 1893
3Cited by6 opinions
- Greisinger v. KlinhardtSupreme Court of Missouri · 1928
- Brookshire v. HarpCourt of Appeals of Kentucky · 1919
- Hickam v. GolladayIndiana Court of Appeals · 1925
- McWhorter v. HolcombCourt of Appeals of Kentucky · 1923
- Edmundson v. SnodgrassSupreme Court of Alabama · 1939
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