McLEAN v. THURMAN


273 S.W.2d 825 (1954)

Grandison McLEAN, Alfred McEwen, William McGoodwin and Billy L. Thompson, Appellants, v. George B. THURMAN and Lida F. Thurman, Appellees.

Court of Appeals of Kentucky.

December 17, 1954.


Attorney(s) appearing for the Case

B. L. Kessinger, Jr., Harbison, Kessinger, Lisle & Bush, Paul Mansfield, Lexington, for appellants.

F. Selby Hurst, Moloney, Moloney & Hurst, Lexington, for appellees.


SIMS, Justice.

This suit was brought by appellants for a declaration of rights with respect to certain deed restrictions and to enjoin appellees from permitting the use of their lot in a residential subdivision as a public passway. On motion for summary judgment made by appellees, the Chancellor denied the relief sought.

The first question presented arises upon appellees' motion to dismiss the appeal because a sufficient jurisdictional amount is not shown...

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