Hughes v. Veal
Supreme Court of Kansas
Appeal from Ottawa district court. STATEMENT. This suit was brought to enjoin the use of a strip of-land as a highway. The defendant officers claimed that the highway had been legally laid out, that it existed by user and limitation, and also by dedication and acceptance. On the trial the court made findings of fact and conclusions of law as follow: “FINDINGS OF FACT.
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Appeal from Ottawa district court. STATEMENT. This suit was brought to enjoin the use of a strip of-land as a highway. The defendant officers claimed that the highway had been legally laid out, that it existed by user and limitation, and also by dedication and acceptance. On the trial the court made findings of fact and conclusions of law as follow: “FINDINGS OF FACT. “(1) That plaintiff is the owner of the northwest quarter of section 26, in township 11 south, of range 4 west of the 6th P. M., in Ottawa county, Kansas, and that he has owned and occupied said land since 1895. “ (2) That on…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
About forty, years ago the public officers undertook to establish a highway over the land of appellant. A petition purporting to be signed by nineteen householders was presented to the board of county commissioners, asking for the laying out of a highway, on which viewers were appointed to lay out the road, after a bond for damages had #een given. The viewers met and laid out the highway and made a report of their action, which was accepted by the board on April 7, 1871. Testimony was given to the effect that the highway attempted to be…
2Cases cited15 opinions
- Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
- Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
- Smith v. MitchellWashington Supreme Court · 1899
- McRose v. BottyerCalifornia Supreme Court · 1889
- Streeter v. StalnakerNebraska Supreme Court · 1901
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3Cited by10 opinions
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- Lovelace v. HightowerNew Mexico Supreme Court · 1946
- Hatch Bros. v. BlackWyoming Supreme Court · 1917
- Moulton v. IrishMontana Supreme Court · 1923
- United States v. PrudenCourt of Appeals for the Tenth Circuit · 1949
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