Boyer v. Champeny

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order of the court denying a petition for a new trial, which was predicated on newly discovered evidence.

In form the action was to quiet title to real property, but essentially involved the construction of certain deeds. An allied case was here before (Boyer v. Champeny, 125 Kan. 319, 263 Pac. 1066), which was an appeal from a survey made to locate a certain corner. In that case it was sought to have the court construe certain deeds referred to in the opinion, but the court held the surveyor had no jurisdiction to…