Rowand v. Anderson
Supreme Court of Kansas
Error from Franklin District Court. ACTION brought by E. M. Rowand against Peter Anderson and another, to recover the value of a certain fence which was situate on his land, having been erected thereon by his vendor, and which was removed by the defendants, who claimed to own the same.
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Error from Franklin District Court. ACTION brought by E. M. Rowand against Peter Anderson and another, to recover the value of a certain fence which was situate on his land, having been erected thereon by his vendor, and which was removed by the defendants, who claimed to own the same. It was tried upon the following agreed statement of facts: “On the 12th day of March, 1878, Charles S. Anderson purchased of S. O. Thacher, and S. O. Thacher conveyed to Anderson, the southeast quarter of section 31, town 15, range 20, in Franklin county. This land, as also the southwest quarter of the same…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
The only question presented for our decision is, whether the fence, the value of which is sued for in this action, was owned by the plaintiff at the time of its removal by Peter Anderson and August Carlson. The fence was built by the defendant, Charles S. Anderson, upon the -plaintiff’s land when it was owned by S. O. Thacher, under a parol permission given by Thacher that the fence might be built a few feet over upon Thacher’s land as a protection to a hedge which Anderson was about to plant on the dividing line between his own land and…
2Cases cited5 opinions
- Prince v. CaseSupreme Court of Connecticut · 1835
- Eaves v. EstesSupreme Court of Kansas · 1872
- Powers v. DennisonSupreme Court of Vermont · 1858
- Dostal v. McCaddonSupreme Court of Iowa · 1872
- Houx v. SeatSupreme Court of Missouri · 1858
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- Burbridge v. TherrellSupreme Court of Florida · 1933
- Cross v. Weare Commission Co.Illinois Supreme Court · 1894
- Schmuck v. BeckMontana Supreme Court · 1925
- James Leo Co. v. Jersey City Bill Posting Co.Supreme Court of New Jersey · 1909
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