SMITH v. COMBS


554 S.W.2d 412 (1977)

Elvin SMITH and Martha Smith, his wife, Appellants, v. R. Fred COMBS and Linda Combs, his wife, Appellees.

Court of Appeals of Kentucky.

August 5, 1977.


Attorney(s) appearing for the Case

Moss Noble, Jackson, for appellants.

Michael E. McGrath, Miller, Stidham & McGrath, Jackson, for appellees.

Before VANCE, WILHOIT and WINTERSHEIMER, JJ.


WILHOIT, Judge.

This is an appeal from a judgment of the Breathitt Circuit Court holding that the appellees, Fred and Linda Combs, have the right to use a roadway constructed by the appellants, Elvin and Martha Smith, and enjoining the appellants from interfering with the appellees' use of the roadway.

Sollie Combs and his daughter, Marie F. Hollon, were the owners of a tract of land located on Highway 15 in Breathitt County, Kentucky. This tract was bounded...

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