McBeth v. White

The opinion of the court was delivered by

Harvey, J.:

This is an action in ejectment, for a strip of land about 80 rods long and 12 feet wide at one end and 5 feet wide at the other. It was tried to the court. Judgment was rendered for plaintiff. The defendant has appealed.

The circumstances giving rise to the controversy are substantially as follows: On October 6, 1908, and for some time prior thereto, Geo. H. Graves was the owner of the southeast quarter of the northeast quarter of section 24, township 13, range 1, in Dickinson county (except the north 10 acres thereof). There was a road along…