Staley v. Espenlaub

The opinion of the court was delivered by

Burch, J.:

The action was one of ejectment, to recover what is known as the old Wyandotte county courthouse site in Kansas City, Kan. In its answer the county prayed that its title be quieted .against plaintiffs. When the case was called for trial plaintiffs dis*628missed. The trial proceeded on the answer, and judgment was rendered in the county’s favor. Afterwards plaintiffs moved to set aside the judgment on the ground it was void. The motion was denied and plaintiffs appeal from the order denying the motion and from the judgment itself.

The original…