Lay v. Sharp

Court of Appeals of Kentucky

Lay v. Sharp

265 S.W.2d 928, 1954 Ky. LEXIS 766

Court of Appeals of Kentucky·Decided March 12, 1954·Published

Opinion

PER CURIAM.

Motion for an appeal from the Whitley Circuit Court, W. L. Rose, Judge, denying appellants the right to the use of a passway.

[929] Appellants base their claim to the pass-way upon an alleged grant and prescriptive use for the statutory period. The evidence is conflicting as to whether the passway now claimed is the same passway referred to in the grant and as to whether its use was adverse or permissive. The Chancellor’s finding on both points is sustained by the evidence.

The motion for an appeal is' overruled and the judgment is affirmed.

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PER CURIAM.

Motion for an appeal from the Whitley Circuit Court, W. L. Rose, Judge, denying appellants the right to the use of a passway.

[929] Appellants base their claim to the pass-way upon an alleged grant and prescriptive use for the statutory period. The evidence is conflicting as to whether the passway now claimed is the same passway referred to in the grant and as to whether its use was adverse or permissive. The Chancellor’s finding on both points is sustained by the evidence.

The motion for an appeal is' overruled and the judgment is affirmed.

Lay v. Sharp, 265 S.W.2d 928, 1954 Ky. LEXIS 766 (Ky. Ct. App. 1954).

Pincite

265 S.W.2d 928 (Lay v. Sharp) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.