Willis v. Sproule
Supreme Court of Kansas
Error from Doniphan District Court. Trespass, brought by Willis and another against Frank Sproule and Thomas L. Chilton, for tearing down their fence.
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Error from Doniphan District Court. Trespass, brought by Willis and another against Frank Sproule and Thomas L. Chilton, for tearing down their fence. The defendants admitted the alleged acts of trespass, and set up in their answer that the place where the alleged trespass was committed was a public highway; that the defendant Sproule was overseer of highways, and that he took to his assistance the defendant Chilton, and removed the obstructions across said highway, which was a fence joining the farms of plaintiffs. The action was commenced before a justice of the peace, was certified to the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
1. . evidence. This was an action in the nature of trespass quctre clausum fregit; but the real question in litigation was, whether a certain supposed county road had any legal existence or not. If the road was legally established, or if it was established in such a manner that it had any legal existence, then there was no trespass; but if the road was wholly void, then the alleged trespass was actually committed. The question of the legal existence of said road arose upon a motion for a new trial. The court below found that the road was…
2Cases cited5 opinions
- Simpson v. KimberlinSupreme Court of Kansas · 1874
- Prell v. McDonaldSupreme Court of Kansas · 1871
- Beebe v. ScheidtOhio Supreme Court · 1862
- Luke v. JohnnycakeSupreme Court of Kansas · 1872
- Comm'rs of Leavenworth Co. v. EspenSupreme Court of Kansas · 1874
3Cited by20 opinions
- State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- Comm'rs of Wabaunsee Co. v. MuhlenbackerSupreme Court of Kansas · 1877
- Gehlenberg v. HartleySupreme Court of Kansas · 1917
- Oliphant v. Comm'rs of Atchison CountySupreme Court of Kansas · 1877
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