Conyers v. Scott
Court of Appeals of Kentucky
Case 16 — PETITION EQUITY — The long continued use of the passway by appellant, and those under-whom he claims, creates the presumption that the use was adverse,, and it was not necessary to show, by positive testimony, that the-appellant had claimed this use as a matter of right, and so proclaimed to his neighbors. (O'Daniel v. O’Daniel, 88 Ky., 189; Butt v. Napier, 14 Bush, 39; Hall v. McLeod, 2 Met., 98.) Bowman v. Wickliffe, 15 B. M., 99, distinguished.
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Case 16 — PETITION EQUITY — The long continued use of the passway by appellant, and those under-whom he claims, creates the presumption that the use was adverse,, and it was not necessary to show, by positive testimony, that the-appellant had claimed this use as a matter of right, and so proclaimed to his neighbors. (O'Daniel v. O’Daniel, 88 Ky., 189; Butt v. Napier, 14 Bush, 39; Hall v. McLeod, 2 Met., 98.) Bowman v. Wickliffe, 15 B. M., 99, distinguished. There was only the mere use of the passway in question over the uninclosed woodland of appellee, without any claim of right, and the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellant brought this action for judgment compelling appellee to remove fences recently built across a passway, and enjoining Mm thereafter obstructing it.
It appears that appellee owns and occupies a tract of land, the north and south lines of which are parallel ; the former for about half its length bordering on a public road, the latter being north boundary of a tract of land appellant owns and resides on. The passway in question extends northward, though not in a straight line, to the 'public road dividing the land of appellee in two about…
2Cases cited2 opinions
- Hall v. McLeodCourt of Appeals of Kentucky · 1859
- O'Daniel v. O'DanielCourt of Appeals of Kentucky · 1889
3Cited by14 opinions
- Boyce v. Missouri Pacific RailroadSupreme Court of Missouri · 1902
- Smith v. PenningtonCourt of Appeals of Kentucky · 1906
- Louisville & Nashville Railroad v. CorneliusCourt of Appeals of Kentucky · 1915
- Marrs v. RatliffCourt of Appeals of Kentucky (pre-1976) · 1939
- Thompson v. L. & N. R. R.Court of Appeals of Kentucky · 1901
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