Edgerton v. McMullan
Supreme Court of Kansas
Error from Wyandotte District Court. This was an action of trespass brought to test the title of the defendants below, plaintiffs in error in this court, to a right-of-way oyer a certain strip of land described in the petition. The case was tried before Hon. James S. GibsoN, judge pro tem.
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Error from Wyandotte District Court. This was an action of trespass brought to test the title of the defendants below, plaintiffs in error in this court, to a right-of-way oyer a certain strip of land described in the petition. The case was tried before Hon. James S. GibsoN, judge pro tem. It was admitted at the trial that the land was conveyed by patent from the United States to Harriet W. P. Mc-Mullan, that the plaintiffs were her sole heirs, and that the defendants, under a claim of right as president of the Wyandotte Town-Site and Improvement Company, went upon the strip of land in…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
The trial court held that the evidence showed an abandonment by Mrs. Mather of her right to an easement over this land. The only evidence to support that claim is that showing that she placed a hedge fence along the north line of the land conveyed to her in fee simple, which was the south line of the tract in controversy, thus excluding from her enclosure the strip two poles wide, or nearly that amount, and that she never actually used the land for a road. The evidence of Doctor Mather, her husband, shows that she had no use for the roadway,…
2Cases cited1 opinion
- Day v. WaldenMichigan Supreme Court · 1881
3Cited by10 opinions
- Williams Telecommunications Co. v. GraggSupreme Court of Kansas · 1988
- Quinn v. StoneIdaho Supreme Court · 1954
- Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913
- Mueller v. BohannonNebraska Supreme Court · 1999
- Seymour Water Co. v. LeblineIndiana Supreme Court · 1924
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