Stark v. Meriwether

The opinion of the court was delivered by

Porter, J.:

The action in the district court was in ejectment. A jury was waived and the cause was submitted to the court. There was a judgment for plaintiff, with special findings of fact and conclusions of law. From the judgment the defendant appeals.

Silas Armstrong was the original patentee of a tract of land at the junction of the Kansas and Missouri rivers, containing nearly two hundred and fifty acres. Early in 1867 a great flood raised both rivers, and there was a gorge of ice which broke through the Armstrong tract, cutting a new channel for the…