Haynes v. Adsit

• Decision Date: 17 December 1915
• Citation: Haynes v. Adsit, 167 Ky. 443, 180 S.W. 536 (Ky. Ct. App. 1915)
• Parties: HAYNES v. ADSIT.
• Court: Kentucky Court of Appeals

180 S.W. 536

167 Ky. 443

HAYNES v. ADSIT.

Court of Appeals of Kentucky.

December 17, 1915

Appeal from Circuit Court, Simpson County.

Action by Mrs. Marie Adsit against Eldon Haynes. Judgment for plaintiff, and defendant files the record in the Court of Appeals with motion that an appeal be granted. Motion overruled.

G. W Roark and Whitesides & Hobdy, all of Franklin, for appellant.

George C. Harris, of Franklin, for appellee.

MILLER C.J.

This record presents a question of appellate practice. Mrs. Adsit owns a two-story brick store building situated upon the southwest corner of Cedar and College streets, in Franklin and fronting on Cedar street. Appellant Haynes owns a two-story brick store building adjoining Mrs. Adsit's building, on the west; the wall between the two buildings being a party wall, and the division line of the two lots running through the center of the party wall. W. S McClanahan bought the Adsit property in 1890, and W. S. and J. E. McClanahan bought the Haynes property in 1893. W. S. McClanahan constructed an inside stairway next to the western wall of his corner house, and leading from the sidewalk to the second floor. Some time in 1893 the McClanahans cut a door through the wall leading from the second story of the Adsit house to the second story of the Haynes house. Mrs. Adsit bought the corner house from W. S. McClanahan in 1907; and J. E. McClanahan, having acquired the entire ownership of the Haynes property, sold it to Haynes in 1909. Haynes continued to use the stairway in the Adsit property as an entrance to his second story, without payment of rent, and Mrs. Adsit sued him, in the quarterly court, for rent in the sum of $1, evidently for the purpose of establishing her exclusive right to the use of the stairway. The case was transferred to the circuit court; and, upon a trial before a jury, Mrs. Adsit recovered a judgment against Haynes for $1.

The judgment being for a sum less than $500, Haynes has filed the record in this court, and moved that he be granted an appeal, upon the theory, as we gather from his brief, that the right to an easement is directly involved or affected by the judgment.

Appeals to this court are controlled by section 950 of the Kentucky Statutes, which, in so far as it is pertinent to this case, reads as follows:

"An appeal may be taken to the Court of Appeals as a matter of right from the judgment of the circuit court in all cases in which the title to land or the right to an easement therein, or the right to enforce a statutory lien thereon is directly

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