Chicago, Kansas & Western Railroad v. Selders
Court of Appeals of Kansas
Memorandum. — Error from Ness district court; Y. PI. Grinstead, judge. Action by Missouri A. Selders against The Chicago, Kansas & Western Railroad Company and another in ejectment. Judgment for plaintiff. Defendant company brings the case to this court.
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Memorandum. — Error from Ness district court; Y. PI. Grinstead, judge. Action by Missouri A. Selders against The Chicago, Kansas & Western Railroad Company and another in ejectment. Judgment for plaintiff. Defendant company brings the case to this court. The statement of the case, as made by Johnson, P. J., is as follows : This action was commenced by Missouri A. Selders against the Atchison, Topeka & Santa Fe Railroad Company and the Chicago, Kansas & Western Railroad Company in ejectment, to recover the possession .of a strip of land 200 feet wide across the north half of the northeast…
1Opinion of the Court
The opinion of the court was delivered by
Johnson, P. J. :
The only question presented,by the record for the consideration of this court is whether, under the findings of fact, the plaintiff below was entitled to a judgment of eviction against the Chicago, Kansas & Western Railroad Company.
It appears from the record that the railroad company in 1886 was authorized to construct its railroad through Ness county, and took the necessary steps to secure the right of way through the county by having three commissioners appointed by the judge of the district court; that the commissioners were duly…
2Cases cited3 opinions
- United States v. DunningtonSupreme Court of the United States · 1892
- Chicago, Kansas & Western Railroad v. GrovierSupreme Court of Kansas · 1889
- Chicago, Kansas & Western Railroad v. SheldonSupreme Court of Kansas · 1894
3Cited by1 opinion
- Kansas & Colorado Pacific Railway Co. v. PhippsCourt of Appeals of Kansas · 1896