Armstrong v. City of Topeka
Supreme Court of Kansas
Error from Shawnee District Court. Action brought by Armstrong against The City of Topeka, to restrain the defendant from opening a street through the land of the plaintiff. A temporary restraining order was granted by the probate judge of Shawnee county.
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Error from Shawnee District Court. Action brought by Armstrong against The City of Topeka, to restrain the defendant from opening a street through the land of the plaintiff. A temporary restraining order was granted by the probate judge of Shawnee county. Trial at the September Term, 1886. The court found substantially that plaintiff was the owner in fee simple of the property in question, being a tract of land 224 feet by 315 feet, bounded on all sides by streets, alleys, blocks and lots, regularly platted and laid out aá a part of the city of Topeka; and also found that in 1869, Zenos King,…
1Opinion of the Court
Opinion by
Holt, C.:
*4351, Plat to be made by-owner of land. *434The principal question to be considered is, whether this tract of land owned by the plaintiff is a part of the city of Topeka. If it is answered in the affirmative, then the judgment of the district court must be affirmed. Under the findings of fact we learn that one Zenos King laid out and platted his own land with the land in controversy, which he did not claim to own, as King’s addition *435to the city o'f Topeka, and afterward it was all attempted to be taken into the city as a part thereof by ordinance. We suppose that it is necessary…
2Cases cited7 opinions
- Strosser v. City of Fort WayneIndiana Supreme Court · 1885
- Greencastle Township v. BlackIndiana Supreme Court · 1854
- City of Topeka v. GillettSupreme Court of Kansas · 1884
- Chicago, Rock Island & Pacific R. R. v. Town of LakeIllinois Supreme Court · 1874
- Langworthy v. City of DubuqueSupreme Court of Iowa · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Topeka Water-Supply Co. v. RootSupreme Court of Kansas · 1895
- Stewart v. AdamsSupreme Court of Kansas · 1893
- Wellman v. City of Burr OakSupreme Court of Kansas · 1928
- Parriott v. Incorporated City of HamptonSupreme Court of Iowa · 1907
- Boerner v. McKillipSupreme Court of Kansas · 1893