Stephens v. McCreary County

'Opinion op the Court by

Judge Richardson

Affirming.

This action is to recover damages for trespass to real property, to enjoin the county and its agents from interfering with the owner’s enjoyment of it, and to enjoin the county officials from prosecuting a criminal proceeding agiainst the owner.

The facts are: G-. W. Stephens owns 24 lots containing something over an acre in Whitley City, an unincorporated town. The lots are situated on a public road known as Williamsburg street, about 700 feet from “U. S. Highway No. 27.” Stephens’ residence, on the lots, was erected in 1932. The highway…