188 Ky. 253 | Ky. Ct. App. | 1920
Opinion op the Court by
Affirming as to James Brooks, and reversing as to Fret Matthews and others.'
Beverly W. Thomas owns a tract of-land on the east side of Drake’s cre.ek in Warren county. At a point near an old mill is a roadway about forty yards in length leading from tbe Bowling Creen and Scottsville turnpike across tbe land of Thomas to Drake’s créek.
. Claiming that the- passway was an easement appurtenant to each of their. tracts of land,- and that they and their grantors had used the passway under a claim of right for more than fifty years for .the purpose .of obtaining water for their families and stock, plaintiffs, James Brooks, Fr.et Matthews,- Fred. E. Coad, W. 0. Polston,' John Spivey, Ceo. W. Lowe and Bailey Kirby, brought suit against Thomas to enjoin him from interfering.with their use of tbe passway. On final hearing, plaintiffs were granted the relief prayed ■ for, and Thomas appeals.
It may be conceded that there was sufficient evidence to ■ show that plaintiffs .and their grantors had used the
Wherefore the judgment is affirmed as to James 'Brooks, but reversed as to Fret Matthews, Fred E. Goad, W. 0. Polston, John Spivey, Geo. W. Lowe and Bailey Kirby, and the cause remanded with directions to enter judgment denying them the relief prayed for.