Boerner v. McKillip
Supreme Court of Kansas
Error from Thomas District Court. The facts in this case fully appear from the findings of the-trial court, which are as follows: “1. On the 14th day of April, 1885, the land upon which the city of Colby, Thomas county, Kansas, now stands was-the property of the Union Pacific Railway Company.
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Error from Thomas District Court. The facts in this case fully appear from the findings of the-trial court, which are as follows: “1. On the 14th day of April, 1885, the land upon which the city of Colby, Thomas county, Kansas, now stands was-the property of the Union Pacific Railway Company. “ 2. On that date the Colby Town-Site Company was duly incorporated under the laws of the state of Kansas, and that the directors for the first year were D. D. Hoag, D. M. Dunn,. S. C. Mills, H. Wallace Miller, M. Donelan, J. B. McGoni-gal, and Winfield Freeman. These were also the incorpora-tors. “3.…
1Opinion of the Court
The opinion of the court was delivered by
AlleN, J.:
*5181- tio£-pKiT‘ *517The sole contention in this case is as to whether the piece of land in controversy is the property of the plaintiffs in error or an alley in the town of Colby. It clearly appears from the findings of the court that there was no statutory dedication as an alley, but that the map executed and filed by the town-site company showed the ground in controversy as a lot. It is claimed, however, that there was an actual dedication of the land, which is good at common law. About March, 1885, the persons who afterward formed the Colby…
2Cases cited10 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Niagara Falls Suspension Bridge Co. v. BachmanNew York Court of Appeals · 1876
- Lee v. LakeMichigan Supreme Court · 1865
- McShane v. City of MoberlySupreme Court of Missouri · 1883
- Smith v. SmithSupreme Court of Kansas · 1885
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3Cited by1 opinion
- Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895