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BAKER v. MAGGARD

255 S.W.2d 45 (1953)

BAKER v. MAGGARD et al.

Court of Appeals of Kentucky.

February 13, 1953.

Attorney(s) appearing for the Case

Cornett & Dixon, Hyden, for appellant.

Issaac Turner, Hyden, for appellees.

MOREMEN, Justice.

This appeal is from a judgment establishing a public passway over land belonging to appellant, Wilson C. Baker.

On December 27, 1949, appellant filed suit to enjoin alleged unlawful trespass by the appellees, Cova Maggard and Jimmie Maggard, across land belonging to him. Appellees, by answer, pleaded prescriptive right to use the passway in question. The circuit court denied the permanent injunction requested by appellant and adjudged that...

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