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HOFGESANG v. KASEY

382 S.W.2d 571 (1964)

Joseph C. HOFGESANG, Appellant, v. Hoffman KASEY et al., d/b/a Kestler Sand & Gravel Company, Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 30, 1964.

Attorney(s) appearing for the Case

Ewing L. Hardy, Sr., Ben B. Hardy, Hardy, & Hardy, Henry A. Triplett, Boone & Triplett, Louisville, for appellant.

Marshall P. Eldred, W. G. Hume, Brown & Eldred, Louisville, for appellees.

WADDILL, Commissioner.

The appeal is from a judgment permanently enjoining appellant from obstructing the entranceway onto appellees' property and directing him to remove a barricade he had erected thereon.

By a deed recorded in 1893, the tract of land now owned by appellant was made subject to a 25-foot easement for a roadway. Since 1907, when a roadway was laid out and graded, it has provided the land now owned...

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