Phillips v. Arkansas Valley Interurban Railway Co.

Citations

• 89 Kan. 835
• 133 P. 429
• 1913 Kan. LEXIS 133

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Platted Lands — Prior Mortgage — Foreclosure—Sale—Plat Not Vacated. Where, in a sale and purchase of land, a mortgage is taken to secure any part of the purchase price and provision is made in the mortgage for the platting of the land as an addition to-the town or city, it is held that the mortgagee thereby consents to such platting, and that after such plat is in fact made and recorded the judgment of a court, foreclosing such mortgage does not vacate the plat, especially where, various portions of the tract, described by reference to’ the plat, are by the decree excepted from the sale.</p> <p>2. City Plat — Not Necessary that Wife Should Acknowledge-the Plat. Where it appears that in the making of a plat of an addition to a city or town the wife of one of the proprietors did hot acknowledge the plat, this fact, of itself, does, not invalidate the plat.</p> <p>3. Vacation op Street — Where Rests the Burden of Proof. The burden of showing that a street, which appears to have been duly dedicated to the use of the public, has been vacated by operation of law rests upon the party alleging such vacation.</p> <p>4. Cae Line — On Public Street — Damages to Adjacent Lot Owners. A street-car company is not responsible in damages, to the owners of adjacent lots for the laying out of its tracks and operation of its railway in the street.</p>