CAMMACK, Justice.
The appellee, John L. Burton, filed an ex parte petition in the Pulaski County Court to close a strip of road approximately 60 poles in length between his farm and that of the appellant, Jesse Stephenson. The county judge dismissed the petition. Burton appealed to the Pulaski Circuit Court and was granted the relief sought. Stephenson appealed to this Court and we reversed the judgment in the case of Stephenson v. Burton, Ky.,
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