Westcott v. Mansbach

Opinion op the Court by

Morris, Commissioner

Affirming.

This case has been before us on two prior appeals under the title Humphrey v. Mansbach, 251 Ky. 66, 64 S. W. (2d) 454, and 265 Ky. 675, 97 S. W. (2d) 573. The death of parties in interest since this, the third appeal, has occasioned the change in title.

As may be seen by reference to the former opinions, the matter in controversy related to the building of a fence by Dr. Humphrey between his lot and the lot of adjoining owners, the Mansbachs. The fence as first erected was a legal fence, but encroached slightly on the Mansbach property.…