HELTON v. JONES


402 S.W.2d 694 (1966)

Martha HELTON et al., Appellants, v. Hewitt JONES, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 3, 1966.


Attorney(s) appearing for the Case

Jackson White, Denney, Landrum, White & Patterson, Lexington, for appellants.

Fritz Krueger, Somerset, for appellee.


CLAY, Commissioner.

This is an appeal from a judgment recognizing the right of appellee to a passway easement over the lands of appellants, and enjoining them from interfering therewith. Appellants contend appellee's use of this passway was permissive and not a matter of right; and that by reason of a written contract appellee had relinquished the easement.

The two tracts involved were once owned by Tom Noe. Across his land was a roadway approximately 125...

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