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MOODY v. CITY OF SOMERSET

268 S.W.2d 952 (1954)

MOODY et al. v. CITY OF SOMERSET.

Court of Appeals of Kentucky.

June 4, 1954.

Attorney(s) appearing for the Case

Fritz Krueger, Russell Jones, Somerset, Allen Prewitt, Frankfort, for appellants.

Joe Caylor and John G. Prather, Somerset, for appellee.

STEWART, Justice.

In this appeal we are asked to determine the true boundary line between a lot owned by appellants, Wallace Moody and John McAlphin, and Holmes Avenue in the Gibson Addition to the city of Somerset. Appellants' petition, filed in circuit court for a declaration of rights, was dismissed at the close of all the evidence after the court had directed a jury, impaneled to hear the evidence, to return a verdict...

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