MARCUM v. CANTRELL


409 S.W.2d 159 (1966)

James H. MARCUM et al., Appellants, v. Woodrow CANTRELL et al., Appellees.

Court of Appeals of Kentucky.

December 2, 1966.


Attorney(s) appearing for the Case

Lowell T. Hughes, Ashland, for appellants.

Morton C. Nickell, Ashland, for appellees.


CLAY, Commissioner.

This is a suit to quiet title to a 10-foot wide strip of land which constitutes a passway from appellees' home to a street in a subdivision. The Chancellor adjudged appellees to be the owners and enjoined appellants from obstructing it. Several questions are raised on appeal.

In 1961, one Waggoner conveyed to appellees a triangular lot. After the execution of the contract of sale and prior to the deed, a 10-foot passway was built from the...

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