Legal Opinion

Armstrong v. Portsmouth Building Co.

Supreme Court of Kansas

Decided June 6, 1896No. 8533PublishedCited by 7 opinions

Error from Wyandotte District Court. Son. Senry L. Alden, Judge. STATEMENT BY THE COURT. Silas Armstrong, Joel Walker, W. Y. Roberts, Gaius Jenkins, John McAlpine, Thomas H. Swope, and Isaiah Walker, on December 9, 1856, entered into articles of association under the name and style of the Wyandotte City Association, for the purpose of purchasing a certain portion of land at the confluence of the Missouri and Kansas rivers, as a town site.

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Error from Wyandotte District Court. Son. Senry L. Alden, Judge. STATEMENT BY THE COURT. Silas Armstrong, Joel Walker, W. Y. Roberts, Gaius Jenkins, John McAlpine, Thomas H. Swope, and Isaiah Walker, on December 9, 1856, entered into articles of association under the name and style of the Wyandotte City Association, for the purpose of purchasing a certain portion of land at the confluence of the Missouri and Kansas rivers, as a town site. Silas Armstrong was elected president, W. Y. Roberts secretary, and Isaiah Walker treasurer of the association. On January 12, 1857, Hiram M. Northrup and…

1Opinion of the Court

The opinion of the court was delivered by

Martin, C. J. :

I. Sections 1 and 6 of chapter 78, General Statutes of 1889, relating to plats of cities and *67towns, have been in force substantially in the same form ever since 1855, and the main contention of the plaintiffs is that by the filing of the plat the lot in controversy was conveyed to the county in trust for the use of a church, “ and for no other use or purpose,” and that on the cessation of its use for church purposes the title reverted to the original proprietors, their heirs and grantees. It may be doubted whether, under a statutory…

2Cases cited5 opinions

  1. Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
  2. Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
  3. Smith v. WilliamsMichigan Supreme Court · 1880
  4. Comm'rs of Franklin Co. v. LathropSupreme Court of Kansas · 1872
  5. Feizel v. Trustees of the First German Society of the M. E. ChurchSupreme Court of Kansas · 1872

3Cited by7 opinions

  1. Hinton v. City of St. JosephMissouri Court of Appeals · 1994
  2. Thorndike v. Milwaukee Auditorium Co.Wisconsin Supreme Court · 1910
  3. Hanlon v. McLainSupreme Court of Oklahoma · 1952
  4. Holleman v. CushingSupreme Court of Oklahoma · 1921
  5. Schultz v. Cities Service Oil Co.Supreme Court of Kansas · 1939

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