Edwards v. Sims

232 Ky. 791, 24 S.W.2d 619 (1929)

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Nature of the Case

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Facts

The mouth of a cave was located on Edwards's (P) land. In a separate action, the court ordered surveyors to enter the land for the purpose of securing evidence regarding whether part of the cave ran under the land of an adjoining owner (Lee). In response to the order, P filed a separate action seeking a writ of prohibition with respect to the enforcement of the order. P argued that the court lacked the jurisdiction to make the order and that enforcement of the order would cause P irreparable injury.