Legal Opinion

Cave v. Henley

Supreme Court of Kansas

Decided February 11, 1928No. 27,833PublishedCited by 8 opinions

1Opinion of the Court

The opinion of the court was delivered by

Dawson, J.:

This action arose out of an alleged encroachment by the defendant in the construction of a business building on his town lot adjacent to the residence town lots of plaintiff in the city of Sublette.

The plaintiff owns lots 4 and 5 in the original townsite of Sublette. The lots face the east, and situated thereon are plaintiff’s residence and improvements of the value of $12,000. Defendant owns lot 3, *215lying immediately north of plaintiff’s property. Until shortly before this lawsuit arose, the properties were separated by a fence and by some…

2Cases cited4 opinions

  1. Ungrich v. ShaffAppellate Division of the Supreme Court of the State of New York · 1907
  2. Atchison, Topeka & Santa Fé Railroad v. LongSupreme Court of Kansas · 1891
  3. Atchison, Topeka & Santa Fe Railway Co. v. BillingsSupreme Court of Kansas · 1908
  4. Harder v. Yates Center Water, Light & Power Co.Supreme Court of Kansas · 1915

3Cited by8 opinions

  1. City of Emporia v. HumphreySupreme Court of Kansas · 1931
  2. Mid-America Pipeline Co. v. WietharnSupreme Court of Kansas · 1990
  3. Prophet v. Builders, Inc.Supreme Court of Kansas · 1969
  4. Pyramid Life Insurance v. Gleason Hospital, Inc.Supreme Court of Kansas · 1961
  5. Friess v. Quest Cherokee, L.L.C.Court of Appeals of Kansas · 2009

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