Wiburg v. Stevenson

The opinion of the court was delivered by

Harvey, J.:

This is an action to quiet title to a strip of land about two feet wide on the side of a city lot, and for damages. Defendant denied plaintiff’s claim and filed a cross petition in ejectment and for damages. It was tried to the court. Judgment was for defendant, and plaintiff has appealed.

It appears from the record that in 1907 a Mrs. Warner owned lot 102 and the lot adjoining it on the south, 104, on Klein street, in Crane’s addition to the city of Topeka. A house was situated on each lot. She lived in one of them and her son lived in the…