Legal Opinion

Markin v. Priddy

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 1 opinion

Error from Shawnee Superior Court. Action brought by Markin against Priddy, to recover $200 damages alleged to have been caused by defendant’s cattle to plaintiff’s growing corn and grass. On January 14, 1886, the court sustained defendant’s demurrer to plaintiff’s evidence; and on April 27, 1886, overruled plaintiff’s motion for a new trial, and rendered judgment against him for costs. Markin brings the case here. The facts are stated in the opinion.

1Opinion of the Court

Opinion by

Clogston, C.:

In 1883 the plaintiff purchased the east half of a section of land. At that time W. C. Mead owned the northwest quarter and the defendant the southwest quarter of the same section, and one Easterday owned the quarter-section immediately south of the plaintiff’s and *463cornering with the defendant’s land. At that time the defendant’s land, Mead’s land and Easterday’s quarter were fenced. There was a division fence between Mead’s land and the defendant’s. Easterday’s land cornered with the plaintiff’s, and their fences joined. On the east line of defendant’s land was a poor…

2Cited by1 opinion

  1. Markin v. PriddySupreme Court of Kansas · 1889

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