McKnight v. City of Wichita

The opinion of the court was delivered by

Smith, J.:

In 1906, and since, McKnight was and has been the owner of a tract of about 138 acres of land in the city of Wichita. The tract was unplatted, and had been used as farm land, although McKnight had had it surveyed and mapped into residence and garden plats. No plat thereof had been recorded. A' widely meandering stream, called Chisholm creek, which ordinarily flowed only a small stream, but occasionally was deep, extended through this tract.

Early in 1906 the city, after proper proceedings, appointed appraisers to condemn a strip of this land…