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COMMONWEALTH, DEPARTMENT OF HIGHWAYS v. RICE

411 S.W.2d 471 (1966)

COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Roy L. RICE et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 10, 1967.

Attorney(s) appearing for the Case

Robert F. Matthews, Atty. Gen., H. C. Smith, Asst. Atty. Gen., Dept. of Highways, Frankfort, Edmond H. Tackett, Dept. of Highways, Pikeville, for appellant.

J. K. Wells, G. C. Perry, III, Paintsville, for appellee Rice.

M. O. Wheeler, Paintsville, for appellees Minton and Harrington.

WILLIAMS, Judge.

In 1950 Fred Hager conveyed to appellee Roy L. Rice a strip of land upon which a road was to be constructed providing access to Rice's farm. Sometime thereafter Fred Hager died, and his property descended to appellees Minton and Harrington. The latter two conveyed by general warranty deeds a tract of land to appellant Commonwealth of Kentucky, Department of Highways, for the purpose of constructing a highway. Included in the tract conveyed to the...

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