Ferguson v. Graves
Supreme Court of Kansas
Mrror from Leavenworth District Court. Trespass, brought by Ferguson, against Craves and two others to recover damages for destroying fences belonging to plaintiff.
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Mrror from Leavenworth District Court. Trespass, brought by Ferguson, against Craves and two others to recover damages for destroying fences belonging to plaintiff. The answer stated, among other facts, “that on the line of the fence destroyed there was a road regularly laid out according to law, which was obstructed by said fence, and that .Graves was road overseer, and the other defendants were acting under him, and as such overseer, and hands working -the road, the said fence was lawfully removed by them, and this and no other was the supposed trespass complained of.” The case was tried at…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
In 1867 a county road running from Leavenworth city, south, to the town of De Soto on the Kansas river, was laid out and established; or at least it was attempted to be laid out and'established. A portion of *42the road was located on a section line on the east side of the plaintiff's land. Immediately after this roa^l was laid out, it was opened for the public travel. There was some evidence tending to show that the plaintiff signed the original petition for the location of the road: and without question he recognized the existence of the…
2Cases cited3 opinions
- City of Atchison v. KingSupreme Court of Kansas · 1872
- City of Leavenworth v. LaingSupreme Court of Kansas · 1870
- Sumner v. BlairSupreme Court of Kansas · 1872
3Cited by24 opinions
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
- Shepard v. PrattSupreme Court of Kansas · 1876
- Bard v. ElstonSupreme Court of Kansas · 1884
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