Condon National Bank of Coffeyville v. Krigel

The opinion of the court was delivered by

Parker, J.:

This action was instituted in the district court under the declaratory judgment statute to determine and adjudicate the rights of the plaintiff and the defendant to a portion of a lot, located in the city of Coffeyville and owned by plaintiff, upon which one-half of a division stairway was resting. Judgment was rendered in accord with plaintiff’s theory of the case and the defendant appeals.

The pleadings are not in question and require little consideration. For the present all that need be said respecting them is that the controversy…