Edwards v. Sims
Kentucky Court of Appeals
232 Ky. 791, 24 S.W.2d 619 (1929)
- Written by Angela Patrick, JD
Facts
Levi Edwards (defendant) owned land that provided access to a cave complex known as the Great Onyx Cave. Edwards developed the cave complex into a successful tourist attraction. Fielding Lee (plaintiff) owned land that was one-quarter of a mile from the cave entrance. An existing survey showed that part of the cave system was under Lee’s land. Lee sued Edwards, arguing that Lee owned the portion of the cave system that was under Lee’s surface land. Lee claimed that this meant Lee was entitled to a share of the past tourist proceeds and to prevent Edwards from trespassing on Lee’s part of the cave system going forward. The judge, Judge Sims, issued a preliminary order for a new survey of the caves. Edwards appealed the survey order, but the appellate court dismissed the appeal on procedural grounds. Edwards then filed a petition in the appellate court for a writ of prohibition against Sims, seeking to prevent enforcement of the survey order. Edwards argued that it was improper for the court to order a survey of land belonging to Edwards.
Rule of Law
Issue
Holding and Reasoning (Stanley, J.)
Dissent (Logan, J.)
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