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Cameron v. Barton

Kentucky Court of Appeals
272 S.W.2d 40 (1954)


Facts

In 1931, the appellant acquired a lot that faced North Street. In 1950, the State Highway Department (Highway Department) acquired a lot behind the appellant’s lot, and built a highway garage on it. Originally, the Highway Department’s lot was known as the Slaughter House Lot. The original owner of both lots granted a passway right by conveyance for the benefit of the Slaughter House Lot. The owner of the slaughterhouse used the passway to transport animals and products. When the property was later used for farming purposes, the passway was used to transport farm machinery and crops. The original deed of conveyance is lost. Thus, the exact nature of the easement is unknown. The appellant’s deed merely states that the right of passway leads from the Slaughter House lot to North Street. The Highway Department has used the passway as part of its garage operations. The appellant brought suit to enjoin the Highway Department from using the passway. The Chancellor dismissed the petition.

Rule of Law

Issue

Holding and Reasoning (Clay, Commissioner)

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