Ward v. Stewart

CULLEN, Commissioner.

Appellants T. R. Ward and wife and ap-pellee Estill D. Stewart own adjoining farms. A roadway extends from the Stewart farm across the Ward farm toward Kentucky Highway No. 36. A dispute arose as to the right of the Stewart family to use the roadway and in an action brought by Stewart and other members of his family the circuit court, hearing the case without a jury, adjudged that the Stewarts were entitled to use the roadway both as a passway by prescriptive right and as a way of necessity. The Wards have appealed.

The evidence for the Stewarts was that they had used the…