FUNK v. WHITAKER


234 S.W.2d 675 (1950)

FUNK v. WHITAKER.

Court of Appeals of Kentucky.

December 1, 1950.


Attorney(s) appearing for the Case

Hiram H. Owens, Barbourville, for appellant.

Luker & Tooms, London, for appellee.


LATIMER, Justice.

Appellee, Roy Whitaker, filed this action January 14, 1947, to enjoin appellant, Charley Funk, from using a disputed road or passway across appellee's land. Appellant, by answer, denied the allegations of the petition and plead affirmatively that the disputed road is a public road and had been used as such for more than sixty years prior to the institution of this action. Appellant also alleged, in substance, that the road was necessary as a means...

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