Wood v. McAlpine

We have considered the briefs and arguments on rehearing and have reexamined the former opinion which counsel claim is a departure from Fowler v. Wood, 73 Kan. 511, 85 Pac. 763.

That case involved land north of Ohio avenue and east of the 'Miller survey line, to which the law of submergence and reappearance had immediate application. The doctrine of avulsion .and erosion was considered and stated, but here a particular and .special application of the general definition became necessary 'in view of the conflicting evidence touching the land in controversy, a portion of the strip between the…