Muir v. Cox
Court of Appeals of Kentucky
Case 63- — Action by Sallie T. and Annie Cox Against J. H. Muib, ETC., EOB AN INJUNCTION- APPEAL FROM SPENCER CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. The appellee’s claim of a passway over the lands of appellants, is based on two grounds: First, by prescription; second, by necessity. The right from necessity is rather hinted at than distinctly claimed and is nowhere urged with any apparent confidence in its merit.
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Case 63- — Action by Sallie T. and Annie Cox Against J. H. Muib, ETC., EOB AN INJUNCTION- APPEAL FROM SPENCER CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. The appellee’s claim of a passway over the lands of appellants, is based on two grounds: First, by prescription; second, by necessity. The right from necessity is rather hinted at than distinctly claimed and is nowhere urged with any apparent confidence in its merit. To the right by prescription, we make: First, a distinct traverse; second, conceding that any such easement was ever appurtenant to the eastern portion of lot…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE FAYNTER —
Affirming.. At the death of Thomas Stone, he owned a large boundary of land in Spencer county, Ky. In a proceeding it w7as partitioned in 1874. Lot No. 1 was assigned to Thomas Stone, lot No. 2 to Martha E. Stone, lot No. 3 to Annie Stone, lot No. 4 to Jaimes B. Stone, and lot No. 5 to Sarah A. Lewis. The location of the several lots mentioned is shown by the following map:
The map also shows the location of the turnpike through the tract of land. The heavy lines designate the location of passways over the land which were used by the decedent in…
2Cases cited3 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Lebus v. BostonCourt of Appeals of Kentucky · 1899
- Irvine v. McCrearyCourt of Appeals of Kentucky · 1900
3Cited by16 opinions
- Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
- Brookshire v. HarpCourt of Appeals of Kentucky · 1919
- Godman v. JonesCourt of Appeals of Kentucky · 1918
- Hedges v. StuckerCourt of Appeals of Kentucky (pre-1976) · 1931
- Hutcherson v. Louisville & N. R.Court of Appeals of Kentucky (pre-1976) · 1933
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