GIRTLEY v. COWLEY


418 S.W.2d 658 (1967)

James L. GIRTLEY and Thelma Girtley, Appellants, v. Walter COWLEY and Louise Cowley, Appellees.

Court of Appeals of Kentucky.

Rehearings Denied October 13, 1967.


Attorney(s) appearing for the Case

Burlyn Pike, Taylor & Pike, Shepherdsville, for appellants.

Thomas B. Givhan, Givhan & Stratton, Shepherdsville, for appellees.


CLAY, Commissioner.

We have before us consolidated appeals which involve the question of whether appellants Girtley have fee simple title to a 30-foot passway or have only an casement right therein. The Chancellor adjudged the Girtleys had only an easement.

Appellants' predecessor in title owned a substantial tract of land on the east side of the L&N Railroad Company in Bullitt County. In November 1960, appellants were conveyed a southern portion of this...

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