Legal Opinion

Wilkins v. Barnes

Court of Appeals of Kentucky

Decided January 15, 1881PublishedCited by 16 opinions

Case 67 — OBDINABY If any dedication has ever been made to the public of the ground claimed as a highway, there is nothing to show that it ever was accepted by the constituted representative of the public, the county court. Without that acceptance of record in some definite form, the alleged dedication amounts to nothing.

Read the full summary

Case 67 — OBDINABY If any dedication has ever been made to the public of the ground claimed as a highway, there is nothing to show that it ever was accepted by the constituted representative of the public, the county court. Without that acceptance of record in some definite form, the alleged dedication amounts to nothing. (Elliott v. Treadway, 10 B. Mon., 27; Bowman v. Wickliffe, 15 lb., 98-; 8 Grattan, 636; Gedge v. Commonwealth, 9 Bush, 64.) 1. Appellees have a prescriptive right of way over the road, and the court committed no error in adjudging them entitled thereto. 2. A dedication may…

1Opinion of the Court

-JUDGE HABGIS

delivered the opinion op the court.

The appellees were sued by the appellant. for trespass, ■which he averred was commmitted by them upon his lands.

They answered, and by way of confession and avoidance, admitted the entry, but alleged a right of way in the public over the lands in question, which they, as citizens, claimed the right to use alone on the ground that it is a public road.

The evidence tends strongly to establish a grant or right by prescription in the appellees to the use of the alleged way. But after careful scrutiny, we find that the pleadings do not present any…

2Cases cited4 opinions

  1. Hall v. McLeodCourt of Appeals of Kentucky · 1859
  2. Gedge v. CommonwealthCourt of Appeals of Kentucky · 1872
  3. Kearney v. City of CovingtonCourt of Appeals of Kentucky · 1858
  4. Thomas v. BertramCourt of Appeals of Kentucky · 1868

3Cited by16 opinions

  1. Riley v. BuchananCourt of Appeals of Kentucky · 1903
  2. Smith v. PenningtonCourt of Appeals of Kentucky · 1906
  3. Schneider v. JacobCourt of Appeals of Kentucky · 1887
  4. Louisville & Nashville Railroad v. SurvantCourt of Appeals of Kentucky · 1894
  5. Downing v. BenedictCourt of Appeals of Kentucky · 1912

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API