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Property Keyed to Merrill
Edwards v. Sims
Citation:
232 Ky. 791, 24 S.W.2d 619
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The appellant, Edwards, discovered the entrance to a cave beneath his home that he then explored. Over the next few years, and through great effort, cost, and hardship, Edwards developed the cave making it feasible for tourists to visit. Interest from tourists eventually reached the point that Edwards created a nearby hotel to accommodate them as they toured his cave. Lee, a neighboring landowner, filed suit alleging that a portion of the cave ran under his land, making Edwards and his tourists trespassers. In that suit, the appellee, Sims, served as chancellor, and in order to determine whether Edwards had trespassed ordered a survey of the cave. Edwards, unsuccessfully, attempted to appeal that order, but his appeal was dismissed as interlocutory. Edwards then filed this suit against Sims requesting a writ of prohibition to prevent the survey.
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