Hurd v. Board of Commissioners
Supreme Court of Kansas
Error from Harvey District Court. The County Board of Harvey County brought an action in ejectment against plaintiffs in error for a tract of land described as “ Block A ” in Sedgwick City, Kansas. It is claimed by the plaintiff Board that this tract was dedicated for a public park; the defendant Hurd claims title to a part of it by deed from the town company of Sedgwick City, and defendant Massey claims part of it by conveyance from Hurd to himself.
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Error from Harvey District Court. The County Board of Harvey County brought an action in ejectment against plaintiffs in error for a tract of land described as “ Block A ” in Sedgwick City, Kansas. It is claimed by the plaintiff Board that this tract was dedicated for a public park; the defendant Hurd claims title to a part of it by deed from the town company of Sedgwick City, and defendant Massey claims part of it by conveyance from Hurd to himself. Concerning the alleged dedication, it appears that in 1870 one T. D. Floyd was the owner of the west half of the southwest quarter, section 34,…
1Opinion of the Court
Opinion by
Holt, C.:
After the plaintiff board of county commissioners had submitted all its evidence, showing the facts ¡to be substantially as set forth in the statement, the defendants ¡demurred to the evidence because no cause of action bad been proven. The demurrer was overruled. It is claimed in this court that plaintiff had no legal or equitable estate, and was (not entitled to the possession of the land. This objection *94was not brought specifically to the attention of the trial court, >and for that reason the plaintiff claims that it should not be considered here. It was embraced and…
2Cases cited1 opinion
- McCain v. StateSupreme Court of Alabama · 1878
3Cited by7 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Hentig v. ReddenSupreme Court of Kansas · 1891
- City of St. John v. Board of County CommissionersSupreme Court of Kansas · 1922
- In Re Stanley Station Associates, L.P.United States Bankruptcy Court, D. Kansas · 1992
- Rupp v. RuppSupreme Court of Kansas · 1951
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