Irvine v. McCreary
Court of Appeals of Kentucky
Case 67 — Action fob Injunction APPEAL FROM. MADISON CIRCUIT COURT. Action by James B. McCreary against Elizabeth S. Irvine. Judgment foe Plaintiff and Defendant Appeals. 1. An easement can be granted only by grant, express or implied, or •by prescription, from which a grant is presumed. It is an interest in lands, and by the Statute of Frauds, can not be created by parol.
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Case 67 — Action fob Injunction APPEAL FROM. MADISON CIRCUIT COURT. Action by James B. McCreary against Elizabeth S. Irvine. Judgment foe Plaintiff and Defendant Appeals. 1. An easement can be granted only by grant, express or implied, or •by prescription, from which a grant is presumed. It is an interest in lands, and by the Statute of Frauds, can not be created by parol. Hall v. McLeod, 2 Met., 98; Talbott v. Thorn, 91 Ky„ 417. 2. Air, light and ventilation; where one merely receives through his windows, air, light and ventilation which come over his neighbor’s property, to reach him, he…
1Opinion of the Court
Opinion of the coukt by
JUDGE PAYNTER
Affikming.
C. D. Chenault 'became the owner of a parcel of ground situated on the corner of First and Main streets, in the city of Richmond, upon which a hotel was situated, known as the “Frances House.” That building was destroyed *497by fire, and he, by a contract with one Brawner, erected three brick houses thereon, to which- reference will be here made. Two of the houses front on First street; the other, on Main street. Between the rear end of the corner house, which fronts on First street, and the side of the house which fronts on1 Main street, am alley was…
2Cases cited4 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Lebus v. BostonCourt of Appeals of Kentucky · 1899
- Henry v. KochCourt of Appeals of Kentucky · 1882
3Cited by19 opinions
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Carmon v. . DickSupreme Court of North Carolina · 1915
- Brookshire v. HarpCourt of Appeals of Kentucky · 1919
- Stone v. BurkheadCourt of Appeals of Kentucky · 1914
- Ferrell v. Durham Bank & Trust Co.Supreme Court of North Carolina · 1942
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