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ELAM v. ELAM

322 S.W.2d 703 (1959)

S. S. ELAM, Appellant, v. B. J. ELAM et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 1, 1959.

Attorney(s) appearing for the Case

Jesse K. Lewis, Lexington, for appellant.

Nickell & Walter, West Liberty, for appellees.

WADDILL, Commissioner.

The question presented on this appeal concerns the right of the owners of an easement of way to make improvements or repairs of a right of passage.

On April 1, 1939, appellees, Elam, conveyed to appellant, S. S. Elam, a tract of land on which the Elam family cemetery was located. The deed contained this reservation:

"There is excepted from this tract one cemetery 35 yards by 35 yards, with L. C. Elam's grave in the center of...

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