Robbins v. Hannen

The opinion of the court was delivered by

Fatzer, J.:

This was an action brought by the plaintiffs for the removal of a sewer line which defendants through their predecessors in title caused to be constructed on plaintiffs’ property. The defendants’ demurrer to the plaintiffs’ second amended petition was overruled by the district court, and they have appealed.

The action arose out of an agreement made and entered into on May 15, 1916, for the purpose of permitting the owner of city lots in Rurlington, Kansas (track 2), to run a sewer line through the wall and across a city lot now owned by the…