JUSTICE v. McCOY


332 S.W.2d 846 (1960)

Don JUSTICE et al., Appellants, v. Lassle McCOY et al., Appellees.

Court of Appeals of Kentucky.

March 4, 1960.


Attorney(s) appearing for the Case

W. A. Daugherty, Pikeville, for appellants.

Henry D. Stratton, Pikeville, for appellees.


CULLEN, Commissioner.

The question in this case is whether, in measuring the depth of a residential town lot which lies on a sharply sloping hillside, under a deed which calls for a depth of 60 feet "up the hill," a horizontal measurement or a surface measurement should be used. The circuit court, in an action between the owner of the lot and the owners of two adjoining lots lying above on the hillside, held that the surface measurement should be employed.

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