Rosenstihl v. Cherry

The paramount question in this case is whether the Flater decree of 1912 estops Rose Myer Rosenstihl, and those claiming with her, from now asserting any rights in the 18 inches between the original lot line as platted and the fence line as established by Clark in 1900, pursuant to the agreement set forth in his deed from Magdalena Myer. The Court of Appeals based its decision solely upon this point, holding that the plaintiffs in error were so estopped.

The proceeding above referred to was begun in 1912 by Henry Flater, predecessor in title of the defendant in error in this proceeding.…