Schwab v. Stoneback
Supreme Court of Kansas
Error from Clay District Covert. Judgment for plaintiff, Stoneback, at the January term, 1889. The defendant, Schwab, comes to this court. The opinion states the nature of the action and the material facts.
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Error from Clay District Covert. Judgment for plaintiff, Stoneback, at the January term, 1889. The defendant, Schwab, comes to this court. The opinion states the nature of the action and the material facts. Was the alleged survey made by the county surveyor a legal survey, and was it binding upon the plaintiff in error ? The survey was attempted to be made in conformity with, and by the authority of, an act amendatory of and supplemental to chapter 25, Laws of 1868, as set forth in the General Statutes of 1889, ¶¶ 1835-1839. A county surveyor, in attempting to proceed under the provisions of…
1Opinion of the Court
Opinion by
G-keen, C.:
Jacob Stoneback sued Albert Schwab in justice’s court in Clay county, for trespassing upon certain land, described as lot number 10, in section 8, township 7 south, of range 7 east, and removing therefrom a wire fence, alleged to be worth $20, and asked for double damages.
Albert Schwab answered that he was the tenant of John Schwab, and had rented and cultivated lot 7 of the same section of which lot 10 was a part; that his landlord had been *613in peaceable possession of lot 7 since May, 1870. He alleged that the land from which the fence was removed was a part of lot 7, and…
2Cases cited1 opinion
- Holliday v. MaddoxSupreme Court of Kansas · 1888
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