Lay v. Sharp

Court of Appeals of Kentucky

Lay v. Sharp

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

DecidedMarch 12, 1954

StatusPublished

This text of 265 S.W.2d 928 (Lay v. Sharp) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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]*929Appellants 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]*929Appellants 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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Bluebook (online)

265 S.W.2d 928, 1954 Ky. LEXIS 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lay-v-sharp-kyctapp-1954.