Fischer v. Board of County Commissioners

*663The opinion of the court was delivered by

Harvey, J.:

This is an action to recover taxes paid. It was tried to the court. Judgment was rendered for defendant. Plaintiff has appealed.

There is but little controversy over the facts, which are substantially as follows: The plaintiff, and others who assigned to him their claims, own land adjoining the right of way of the Union Pacific Railroad Company in Pottawatomie county. They had a controversy with the railroad company as to the width of the right of way through their lands. The railroad company had fenced a strip 100 feet wide, but claimed that…