Phillips v. Arkansas Valley Interurban Railway Co.

The opinion of the court was delivered by

Smith, J.:

This action was brought by appellees to recover damages for the appropriation by appellant of a strip of land along and near the south side of a tract of six or seven acres of land which appellees had bought at sheriff’s sale resulting from the ■ foreclosure of a mortgage on the tract.

The appellant answered that this tract, some years before the appropriation, had been platted by the proprietors thereof and was called Garland Brook Addition to the city of Wichita, and that the portion thereof appropriated by appellant was in a street of such…