Long v. Smyre

*183The opinion of the court was delivered by

Smith, J.:

There is no conflicting evidence in the case, and nearly all the facts are agreed upon. In 1887 Dr. C. W. Myers owned lots 10, 11, and part of lot 12, of block 45, in the original town of Greensburg, Kiowa county, Kansas, and Capt. S. B. Sproule owned lot 9, adjacent to lot 10 on the north thereof. Doctor Myers in that year erected a brick building on his property, and placed the north wall of it upon the line between lots 9 and 10, about equally on each side of the line, so that it might be used sometime as a party wall. Captain Sproule knew…