Edson Consolidated School District No. 2 v. School District No. 64

The opinion of the court was delivered by

Allen, J.:

This was an action by a school district to recover taxes erroneously credited to the defendant school district. A demurrer was sustained to the petition, and plaintiff appeals.

The plaintiff, the Edson Consolidated School District No. 2 of Sherman county, has within its boundaries 10.97 miles of the right of way of the Chicago, Rock Island and Pacific Railway Company. No part of this right of way runs through the boundaries of the defendant’s district. During the years 1930, 1931 and 1932 the tax levy on 1.98 miles of the right of way was…