Winters v. Bloom

The opinion of the court was delivered by

Johnston, C. J.:

F. W. Winters brought this action against C. C. Bloom and R. H. Bloom to enjoin them from using a part of the wall of a building erected by his grantor. He appeals from the judgment of the court refusing the injunction.

Freeman Duncan was the owner of lots nine and eleven, First avenue west, in the city of Hutchinson, each of which was thirty-three feet in width. In 1887 Duncan built a two-story brick building upon the west twenty-five feet of lot eleven, and the east wall of the building projected from an inch and a half to two inches…