City of Iola v. Lytle

The opinion of the court was delivered by

Thiele, J.:

This was an action for a declaratory judgment construing. a contract and determining the rights of various persons under it.

Under date of March 11, 1908, E. A. Hankins, widow, and five others describing themselves as the sole heirs of Nimrod Hankins, *34deceased, conveyed to the city of Iola, in consideration of one dollar and covenants mentioned, “for use as a street for the public, a strip of land thirty (30) feet in width, being fifteen (15) feet on each side from the center of Jefferson avenue in Hankins addition to city of Iola, Allen…