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KINSTER v. SMITH

284 S.W.2d 326 (1955)

Leander KINSTER, Appellant, v. Herbert SMITH et al., Appellees. Leander KINSTER, Appellant, v. Charles WAGGONER et al., Appellees.

Court of Appeals of Kentucky.

November 18, 1955.

Attorney(s) appearing for the Case

George I. Cline, Morehead, for appellant.

H. R. Wilhoit, Grayson, V. H. Redwine, Sandy Hook, for appellee.

PER CURIAM.

Motion for an appeal from a judgment of the Elliott Circuit Court.

This is the second appearance of these cases in this court. In Kinster v. Smith (Kinster v. Wagoner), 311 Ky. 325, 224 S.W.2d 156, the trial court's judgment was held erroneous because of uncertainty. On the return of the case, the surveyor filed an amended report to which exceptions were entered by appellant. The trial court overruled these exceptions.

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