Riley v. Buchanan
Court of Appeals of Kentucky
Case 69 — Action by R. W. Buchanan against R, W. Riley fob Use of a Passway. APPEAL FROM HARDIN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. Appellee owned the land hut five years. He could claim nc prescription que estate unless it was claimed by his grantors. 'His immediate grantor was Horace Nall, who owned the land for eighteen years. Jake Nall owned it prior to Horace, and before that Lewis Nail, father of Jake Nail, was the owner.
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Case 69 — Action by R. W. Buchanan against R, W. Riley fob Use of a Passway. APPEAL FROM HARDIN CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. Appellee owned the land hut five years. He could claim nc prescription que estate unless it was claimed by his grantors. 'His immediate grantor was Horace Nall, who owned the land for eighteen years. Jake Nall owned it prior to Horace, and before that Lewis Nail, father of Jake Nail, was the owner. This ownership of the Nalls existed for about half a century. All of them disclaim any right adverse to appellant’s title. Therefore, the…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
This appeal involves the sufficient dedication of a public highway. Appellee claims that he, as a member of the public, has the right to use a certain designated passway over appellant’s land. He also claims the light to use it as a pri*627vate passway. But the record shows that he has owned the adjacent land to which it is claimed as an appurtenant for only about five years. His vendor did not claim the right to use this passway, although he owned the land for fifteen years.
The doctrine in this State of acquiring private passways by prescriptive use,…
2Cases cited32 opinions
- Ross v. ThompsonIndiana Supreme Court · 1881
- Carter v. City of PortlandOregon Supreme Court · 1873
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Attorney General v. AbbottMassachusetts Supreme Judicial Court · 1891
- Cook v. . HarrisNew York Court of Appeals · 1875
27 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Sumner County v. Interurban Transp. Co.Tennessee Supreme Court · 1918
- Smith v. PenningtonCourt of Appeals of Kentucky · 1906
- Sarver v. County of Allen Ex Rel. Fiscal CourtKentucky Supreme Court · 1979
- Hatch Bros. v. BlackWyoming Supreme Court · 1917
- Kirkland v. City of TampaSupreme Court of Florida · 1918
37 more not listed; retrieve them via the Exa API.