Richert v. Board of Education of the City of Newton

The opinion of the court was delivered by

Robb, J.:

This appeal was taken from the trial court’s order sustaining appellee’s demurrer to appellants’ second amended petition for the reason that a cause of action was not stated.

Appellants’ second amended petition substantially alleged: Appellants have owned and maintained their home since February 19, 1937, on a tract of real estate which is 88.65 feet wide, north and south, by 135 feet long, east and west, in the southwest corner of block one of Wright’s Addition to the city of Newton; at the same time appellee owned and maintained a school and…