Kastner v. Benz

The opinion of the court was delivered by

Mason, J.:

One Garverich and one Hanna owned adjoining lots in Salina. Garverich built a two-story brick building on his lot with a partition wall for the use of both lots standing six inches over the line on Hanna’s lot. This was done under a written contract providing that Hanna or his assigns should have the right to use this wall and to join a building to it upon paying half its cash value to Garverich or his assigns. This contract was not recorded, and without actual knowledge of it Kastner bought Hanna’s lot, receiving an ordinary warranty deed.…