Legal Opinion

Brooks v. City of Topeka

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 8 opinions

Error from Shawnee District Court. Action by Broohs against The City of Topeha and others, to perpetually enjoin the defendants from interfering with his possession of a certain strip of land. Judgment for defendants at the January Term, 1884. Broohs brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The question in this case is, whether a certain strip of land three hundred and and twenty feet long and sixty-five feet wide is a part of Eighth avenue, in the city of Topeka. By the recorded plat of one of the additions to the city of Topeka, it app.ears to constitute a part of the avenue; but William H. Brooks jr., the plaintiff, claims that it has never been dedicated to the public, and that he is the owner thereof. He brings this action against the city of Topeka, together with its engineer and street commissioner, alleging ownership…

2Cited by8 opinions

  1. Wallace v. CableSupreme Court of Kansas · 1912
  2. City of Leadville v. Coronado Mining Co.Supreme Court of Colorado · 1906
  3. Giffen v. City of OlatheSupreme Court of Kansas · 1890
  4. Garfield Township v. HermanSupreme Court of Kansas · 1903
  5. Boerner v. McKillipSupreme Court of Kansas · 1893

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