Condemnation of Land for Section II v. McGrew

The opinion of the court was delivered by

Owsley, J.:

This is an appeal from a judgment quieting tide of land on the north bank of the Kansas River in appellees and denying appellants’ claim to a portion of a condemnation award tirereon.

Appellants Robert E. and Larry G. Schaake are brothers. Their family forbears and predecessors in title originally owned a tract of nearly 300 acres located in the southeast quarter of section 27, and the northeast quarter of section 34, township 12, range 20, in Douglas County. At the time of acquisition (1889 and 1910) all the Schaake land lay south of the…