TODD v. SEXTON


239 S.W.2d 92 (1951)

TODD v. SEXTON.

Court of Appeals of Kentucky.

April 27, 1951.


Attorney(s) appearing for the Case

Fritz Krueger, Somerset, for appellant.

H. C. Neikirk, Somerset, for appellee.


CAMMACK, Chief Justice.

This action was instituted by S. I. Sexton to enjoin Zelmer Todd from obstructing a public passway running between the property of the parties, who claim title from a common source. The appellant's deed contains a reference to his right to the free use of an existing passway leading from Smith Street along the southern boundary of his property. On the other hand, the calls in the appellee's deed refer to the passway. There is proof showing...

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