Duncan v. Webster County Board of Education

Opinion op the Court by

Judge Clarke

Affirming.

In this action, the plaintiff J. M. Duncan, and each of the defendants, the Webster County Board of Education and D. Y. Duncan, claims to be the absolute owner of a one-acre tract of land, but all agree that the board of education is now and has been since 1865 in possession of same; that continuously from 1865 until 1921, it used the lot and the schoolhouse thereon for public school purposes; that it ceased to use same for that purpose in 1921, and will not hereafter so use it.. As the school board is admittedly in possession of the property, it…