Givens v. Ferguson's heirs

Judge Owsley

delivered the Opinion of the Court.

The cases of Reese vs. Lawless, 1 Bibb 496, and the same vs. the same, 4 Bibb 309, are decisive against the order of the county court establishing the ferry in this case. In each of those tases, it was decided to he necessary, that the record *187should show that the applicant for the ferry was owner of the land on one or both sides of the stream, or that notice had been given, as required by the act of 1796. The record of this case show's neither of these facts. There is no suggestion of notice of the intended application having-been given, nor is…