City of Russell v. Russell County Building & Loan Ass'n

*155The opinion of the court was delivered by

Hahvey, J.:

This was an action for a mandatory injunction to enjoin defendant from maintaining a part of its building in what plaintiff alleged is a street, and to require its removal. A trial by the court resulted in judgment for defendant. Plaintiff has appealed.

The material facts are not seriously controverted and may be stated as follows: The city of Russell was incorporated in 1872 as a city of the third class, with an area of about 2,400 acres, only a part of which was platted into lots and blocks. It continued to be a city of the third class…