HOLBROOK v. TAYLOR


532 S.W.2d 763 (1976)

J.S. HOLBROOK and Lula P. Holbrook, his wife, Appellants, v. Ben TAYLOR and Edna Taylor, his wife, Appellees.

Supreme Court of Kentucky.

January 23, 1976.


Attorney(s) appearing for the Case

Harry M. Caudill, Whitesburg, for appellants.

Ronald G. Polly, Polly & Craft, Whitesburg, for appellees.


STERNBERG, Justice.

This is an action to establish a right to the use of a roadway, which is 10 to 12 feet wide and about 250 feet long, over the unenclosed, hilly woodlands of another. The claimed right to the use of the roadway is twofold: by prescription and by estoppel. Both issues are heatedly contested. The evidence is in conflict as to the nature and type of use that had been made of the roadway. The lower court...

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