SCOTT v. BLACKBURN


239 S.W.2d 230 (1951)

SCOTT v. BLACKBURN, et al.

Court of Appeals of Kentucky.

May 1, 1951.


Attorney(s) appearing for the Case

J. Erwin Sanders, Pikeville, for appellant.

Wine, Venters & Stephenson, Pikeville, for appellees.


CAMMACK, Chief Justice.

This is a passway case in which neither side is satisfied with the judgment of the chancellor, who viewed the premises. The principal dispute relates to the width of the passway on the division line between the property of Ernest Scott and the Blackburns.

Each party claims from a common source. The only outlet for the appellee's property is down a branch over the property of the appellant to the highway which runs along Johns Creek...

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