Whitehead & Matheson Co. v. Jensen

The situation presented by the stipulation of facts in this case is unique. As stipulated the facts disclose that these streets had been platted for more than thirty-five years. How or in what manner the lots in question were assessed for purposes of taxation does not appear, but it does appear that Harding street is an improved street, that Benton avenue is improved to the west line of Piar ding street, and that no part of Benton avenue west of the west line of Harding street has ever been used as a street, and that it has never been opened to public travel during its existence.

We are not…