Ferguson v. Ferguson

The opinion of the court was delivered by

Dawson, J.:

This appeal is from a judgment denying an injunction against the closing of a roadway.

The plaintiff and the principal defendant derived their adjacent and neighboring properties from a common ancestor, Mason Ferguson, who died in 1910. At the time of his death Mason Ferguson owned certain lands in section 33, township 34, range 21 east, in Labette county. His lands were partitioned, and the plaintiff thereby acquired the south half of the *824northwest quarter (80 acres), including the farm buildings which were situated near the south side and…