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HERNDON v. McKINLEY

586 S.W.2d 294 (1979)

Eugene HERNDON, Appellant, v. Tom McKINLEY, Appellee.

Court of Appeals of Kentucky.

August 24, 1979.

Attorney(s) appearing for the Case

William A. Johnson, Sullivan & Johnson, Taylorsville, for appellant.

John D. Dale, Jr., Coots & Dale, Taylorsville, for appellee.

Before HOGGE, HOWERTON and VANCE, JJ.

HOWERTON, Judge.

Herndon initiated this action to enjoin McKinley from crossing his land, destroying his gates, and interfering with his farming operation. McKinley filed a counterclaim asserting a right-of-way by deed over Herndon's farm, and he claimed that the gates, chains, and locks interfered with his use of the passway. The Spencer Circuit Court entered a summary judgment dismissing Herndon's petition and enjoining him from erecting more than two gates on the...

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