Home/Supreme Court of Kansas/Atchison, Topeka & Santa Fe Railway Co. v. City of Hutchinson

Atchison, Topeka & Santa Fe Railway Co. v. City of Hutchinson

287 P. 587, 130 Kan. 625, 1930 Kan. LEXIS 292
Supreme Court of Kansas·Decided May 3, 1930·No. No. 29,332·Published·Cited by 1 cases

Opinion

The opinion of the court was delivered by

Jochems, J.:

This was an action for injunction. Defendants demurred to plaintiff’s petition and the court overruled the demurrer. Defendants appeal from that decision.

The petition alleged, in substance, that plaintiff originally owned the land upon which the city of Hutchinson is situated; that it conveyed this land to one C. C. Hutchinson, who in turn platted the town; that in the conveyance the right of way of its railroad through the said city was reserved to plaintiff in fee simple. Plaintiff alleged that C. C. Hutchinson platted the land so conveyed to him as the townsite of Hutchinson, Kan., and in so doing platted the ground situated on both sides of its right of way at the points in controversy, and divided it into the lots as shown by plats attached to the petition as exhibits A and B. (These exhibits A and B are reproduced herewith.)

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Atchison, Topeka & Santa Fe Railway Co. v. City of Hutchinson, 287 P. 587, 130 Kan. 625, 1930 Kan. LEXIS 292 (kan 1930).

287 P. 587 (Atchison, Topeka & Santa Fe Railway Co. v. City of Hutchinson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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