McAlpine v. Reicheneker
Supreme Court of Kansas
Error from Wyandotte District Court. Action in the nature of ejectment, brought by Beicheneker against McAlpine and two others. Trial and judgment for the plaintiff, at the April Term, 1881. The defendants bring the case here. The opinion states the facts. In a controversy involving the location of a boundary line, fixed by commissioners to partition, monuments fixed at the time and mentioned in their written report will control distances.
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Error from Wyandotte District Court. Action in the nature of ejectment, brought by Beicheneker against McAlpine and two others. Trial and judgment for the plaintiff, at the April Term, 1881. The defendants bring the case here. The opinion states the facts. In a controversy involving the location of a boundary line, fixed by commissioners to partition, monuments fixed at the time and mentioned in their written report will control distances. (Hedge v. Sims, 29 Ind. 574. See also 51 Barb. 334; 3 Sandf. C1Ú439; 31 Me. 143; 9 Gill, 19; 4WÍS.123.) When title to land is exhibited, and the limits of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action in the nature of ejectment, brought by Nelson A. Reicheneker against Nicholas McAlpine, Edward O’Brien, and Sarah A. Henry, to recover a certain strip of land, 13J chains in length and 150 feet in breadth, in Wyandotte county, Kansas. The real question in the case is, the proper location of a boundary line between the premises of the respective parties. The plaintiff owns the land on the south side of such boundary line, and the defendants own the land on the north side thereof; and it is claimed by the plaintiff that…
2Cited by15 opinions
- Tarpenning v. CannonSupreme Court of Kansas · 1882
- Pereles v. MagoonWisconsin Supreme Court · 1890
- Miller v. Topeka Land Co.Supreme Court of Kansas · 1890
- Perry Estate v. FordUtah Supreme Court · 1915
- Reinert v. BruntSupreme Court of Kansas · 1889
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